SANVIEW TRADING CO LTD v. S.C. TSE TRADING CO LTD

Action No. 1389/1984

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

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R U L I N G

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1. Mr. Kwok appears as a matter of courtosy for the Defendant company in this matter to tell me that the solicitors instructing him have had their instructions withdrawn and that he himself is no longer instructed to appear in the action.

2. The Defendant is a limited company. Mr. Kwok tells me that the managing director, Mr. Tse, is absent from Hong Kong and that the Defendant's solicitors have been unable to make contact with him for over two months and that yesterday Madam Tse, his wife and also a director, informed those instructing him that the Defendant no longer wishes to have the advantage of their services.

3. So far the appropriate steps under O.65 r.6 have not been taken. Madam Tse has told me that she is unsure whether or not the company of which he is a director wishes to continue these proceedings. She would prefer to wait, however, until her husband returns and leave the decision to him.

4. I interpret that as an application to have the proceedings adjourned. Well that is opposed by Mr. Yau for the Plaintiff. He points out the costs involved and that the action is in respect of dishonoured cheques. There is no real information as to why the action cannot proceed today save for the absence of one material witness. Nothing has been said or can be said as to when the Defendant will be ready to proceed. Moreover, it is not clear that the Defendant intends to instruct fresh solicitors and counsel which would be necessary if they were to contest the proceedings and so it could very well be in that the court would be faced with precisely the same situation as it faces today on such occasion when the matter is restored. So I am invited by Mr. Yau to proceed under O.35 r.1(2) which of course leaves open to the Defendant an opportunity to make application to have judgment set aside. Consequently, what I have treated as an application for adjournment is dismissed and the matter will proceed today.