SUN LAI LA AND ANOTEHR v. SIMHAN INTERNATIONAL LTD. AND OTHERS

HCA4537/94

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO.4537 OF 1998

----------------

----------------

-------------------

J U D G M E N T

-------------------

1. With some reluctance, I am acceding to Mr Lau's application for an adjournment of this trial. I take into account that this matter has been going on for a long time, the action having been started in 1994 in respect of dealings in 1993.

2. Mr Fung, for the Defendants, makes these points with moderation but persuasively, but I am troubled by the fact and accept Mr Lau's concern that the Plaintiff was not even informed of any of this until the afternoon of 22nd July 1999, which was last Thursday.

3. Mr Lau made the valid point that if Mr Chan was not going to be fit or available for the trial, the Defendants ought to have know about it some time ago, and could easily have applied to take the matter out of the Fixture List. He points out that Mr Cham is an important witness, whom he would need to cross-examine to get to the bottom of the issues in this case, which involves all manner of fraud and deception. I also note that Dr Yip is not the medical practitioner who performed the surgical procedure, and apart from his brief certificate of 15th July 1999, there is very little before me to indicate Mr Chan's current conditions.

4. In those circumstances, in my judgment, it is right that Mr Lau should be given an opportunity of testing the basic fact of unfitness and I am prepared to adjourn the trials so that the matter can be further investigated.