SHENG FENG INTERNATIONAL CO (a firm) v. ACTISOL SA (Andes 1279 Montevideo, Uruguay)

DCCJ1634/2005

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 1634 OF 2005

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D E C I S I O N

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1.  There are four summonses before me.  The plaintiff seeks to amend the statement of claim, substituting the name of the plaintiff and strike out the 1st defendant and for leave to file a further affirmation. 

2.  The parties informed me that they have come to an agreement that:  firstly, there be leave to the plaintiff to file and serve an amended statement of claim as per the draft attached to plaintiff’s skeleton submission, subject to the deletion of “the 1st plaintiff”, and “2nd plaintiff” be amended to “plaintiff”; secondly, leave to strike out “the 1st defendant”; thirdly, leave to file the further affirmation.

3.  The plaintiff agreed to pay all costs occasioned by the summonses and the only issue is today’s costs.  Mr Lam, counsel for the defendant, referred me to a letter dated 5 July 2006 from the solicitors of the defendant indicating their position that they would not advise their client to accept the plaintiff’s new version of amendment unless the plaintiff agreed to pay costs.  There is no reply from the plaintiff to that letter.  Besides, it was only yesterday that the plaintiff indicated to the defendant that they would withdraw having Mr Chan to be included as the 1st plaintiff.

4.  I am of the view that the defendant was acting reasonably and today’s hearing could be avoided only if the plaintiff acted more promptly and to advise the defendant as to their position clearer. 

5.  I order in terms as agreed by parties. The costs of and occasioned by the four summonses, including costs of today’s hearing, be to the 2nd defendant in any event, to be taxed if not agreed, with certificate for counsel.