SANYAU DEVELOPMENT LTD v. TAM WAH HUNG

HCA1416/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 1416 OF 2002

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R U L I N G

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1. Mr Tam, I am going to give you the adjournment which you seek.  I am persuaded by the evidence of Dr Chu that it would not be right to proceed with the trial today, given your present medical circumstances.  To do so would do you an injustice.  But injustice works two ways, and I also have to have regard to the interests of the plaintiffs.  They have waited a long time and they were entitled to expect that this trial would proceed in a timely fashion today, over the next five days.  Now, through no fault of their own, they are having to put up with an adjournment to an uncertain date, and given the state of the court’s lists, I daresay that the adjournment will be for many months in the future.

2. Of course, the adjournment is going to have to be on terms.  The first matter I have in mind is to direct that you bring into court the arrears that are claimed.  If, at the end of the day, the plaintiffs were to succeed, then they will have an order paying out to them the amount in court.  If you were to succeed, then the money goes back to you and there will also be interest payable to you. 

3. So what I have in mind, provisionally, is that you pay into court $2,267,000 within 28 days - and I will hear you on that in a moment.  Secondly, that you undergo an examination by psychiatrists nominated by the plaintiffs but at your expense, on you being given seven days’ notice of the appointment.  And that, lastly, you pay the costs of and occasioned by this adjournment. 

4. It seems to me there is no alternative to that order.  You have never made any proper, formal application for an adjournment, although there has been a letter and so forth, it has never been formally brought to court by you and you have left it to today and I have had to deal with the matter in the way that I have.