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Civil Action1998

THE DAIWA BANK LTD. v. TOP MAN INTERNATIONAL TRADING LTD. AND ANOTHER

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20588-EN-1999-07-23

THE DAIWA BANK LTD. v. TOP MAN INTERNATIONAL TRADING LTD. AND ANOTHER

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HCA017960/1998

HCA 17960/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 17960 OF 1998

BETWEEN
THE DAIWA BANK LIMITEDPlaintiff
AND
TOP MAN INTERNATIONAL TRADING LIMITED formerly known as BURLINGAME INTERNATIONAL TRADING COMPANY LIMITED1st Defendant
BURLINGAME INTERNATIONAL COMPANY LIMITED2nd Defendant

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Coram : Hon. Godfrey, J.A. in Chambers (sitting as an additional Judge of the Court of First Instance)

Date of hearing : 23 July 1999

Date of judgment : 23 July 1999

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J U D G M E N T

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1. I am satisfied that I should allow this appeal, and make an order under section 181 of the Companies Ordinance, Cap. 32, staying all proceedings in the plaintiff's action save for the purpose of taxation and enforcement of payment of the costs of that action awarded to the plaintiff by an order dated 26 April 1999.

2. I shall give the plaintiff liberty to apply after 30 November 1999 (if so advised) to lift the stay hereby granted.

(Gerald Godfrey)
Justice of Appeal

Representation:

Mr. Chan Chi Hung, instructed by Messrs. Peter K.H. Wong & Co., for the Plaintiff

Miss Lisa Wong, instructed by Messrs. Denton Hall, for the 2nd Defendant