WONG HEI MAN PATRICK v. WONG KIN LEUNG
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HCA011881/1995
1995, No.A11881
IN THE HIGH COURT OF HONG KONG
COURT OF FIRST INSTANCE
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| BETWEEN | ||
| WONG HEI MAN PATRICK trading as HSIN HING LOONG (a firm) | Plaintiff | |
| and | ||
| WONG KIN LEUNG also known as AH BOW and also known as FONG KIN LEUNG | Defendant |
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Coram: Hon Sears J. in Chambers
Dates of hearing: 29 July and 15 September 1997
Date of judgment: 15 September 1997
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J U D G M E N T
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1. I heard argument on this appeal first on July 29th. I adjourned the hearing as it appeared to me that the plaintiff might have been prejudiced by the defendant obtaining a default judgment when there was apparently an O.14 appeal.
2. At today's hearing I have read the affidavits filed and listened to further submissions, as well as the written submissions.
3. I consider that the judgment entered in the counterclaim was regularly obtained.
4. The plaintiff is adopting delaying tactics, there appears to be an admission to this claim. I can find no proven defence to the claim for $1,371,827.40.
5. The appeal is allowed. The charging order remains. Costs of the appeal be to the Defendant.
| (R.A.W. Sears) | |
| Judge of the Court of First Instance, | |
| High Court |
Representation:
Miss Teresa Cheng, inst'd by M/s K.B. Chau & Co., for Plaintiff
Mr Lawrence Ng, inst'd by M/s Gallant Y.T. Ho & Co., for Defendant