XCHRX WAI CHI ELECTRONICS LTD. v. CHINA ELECTRONICS INDUSTRIAL LTD.

HCA 8026/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 8026 OF 1999

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J U D G M E N T

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Godfrey, J.A. :

1. I am asked by the firm of C.T. Chan & Co., solicitors on the record for the defendant, to make an order under Order 67 rule 6(1) of the Rules of High Court declaring that it has ceased to be the solicitors acting for the defendant. I am satisfied that the defendant has withdrawn its instructions from C.T. Chan & Co. but that it has not given notice of change in accordance with Order 67 rule 1 or notice of intention to act in person in accordance with rule 4. In these circumstances, I will make the order asked.

2. The plaintiff asks for summary judgment today on its claim on a dishonoured cheque of the defendant and on its claim against the defendant for damages for breach of contract (it abandons its claim for specific performance). I am not satisfied that the defendant has had a proper opportunity to deal with these claims and I do not therefore propose to accede to the plaintiff's application. But I am also not satisfied that the master was right summarily to dismiss the plaintiff's summons. I propose therefore to set aside the master's order (including her order for costs) and to direct instead that the plaintiff's summons be restored for hearing before the master; that the defendant have until 4:00 p.m. on Friday, 3 September 1999 to file evidence in answer to the plaintiff's evidence; and that the plaintiff have until 4:00 p.m. on Friday, 10 September 1999 to file evidence in reply if so advised, the matter not to be restored to the master's list before Monday, 13 September 1999. The costs of plaintiff and of the defendant of the plaintiff's application, down to the foot of the order I make today, will be costs in the cause.