XCHRX RAMBAS MARKETING CO., LLC v. CHOW KAM FAI, DAVID

HCA 10190/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 10190 OF 2000

____________

____________

_______________

J U D G M E N T

_______________

1. This is the plaintiff's application made pursuant to RHC O. 14 claiming for the outstanding part of the debt allegedly due and owing from the defendant since August 1995 when he gambled in the Desert Inn, Nevada, U.S. Having heard the plaintiff, I am satisfied that there is no triable issue whether as to law or fact nor is there any other reason why this action ought to go to trial. The brief reasons why I so conclude are:

(1) the issues raised by the defendant in his stay application have already been set out in the written judgment of Mr Recorder Ma of 16 May 2001 and will not be repeated herein. Having considered the whole of the materials placed before me, I do not find them to be bona fide defences;

(2) specifically (and further to (1) above), despite the defendant's assertion that he is not liable to pay the debt, he has in fact done so on 11 April 1996 to the extent of US$232,000.00;

(3) as stated in para. 7 of the 3rd affidavit of Mr Jeffrey Lane dated 3 July 2001 filed on the defendant's behalf, no evidence has been filed by the defendant in opposition to the O. 14 application.

Accordingly, final judgment is entered against the defendant in the sum of US$4,768,000.00.

2. Costs of this action (including the costs of this application and any related reserved costs) be to plaintiff to be taxed if not agreed. I certify this application (including today's application for adjournment) to be fit for attendance by 2 counsel.