CHAR KWOK LEUNG, FELIX AND ANOTHER v. LEUNG WAI MING, THOMAS

HCA8680/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO.8680 OF 2000

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J U D G M E N T

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1. In this action, the plaintiffs trade as Yobe Toys Industrial Company. The plaintiffs claim the sum of $1,810,095.03 being the balance of the price for goods sold and delivered to the defendant. These goods were essentially plastic toys.

2. The total purchase price for these goods are claimed to be $4,117,500.00. Partial payment was made by the defendant leaving the said balance of $1,810,095.03.

3. Mr Char Kwong Leung, Felix has given evidence before me to confirm the above, details of which are contained in the Statement of Claim dated 29 August 2000 and in his Witness Statement dated 14 March 2001, both of which he has verified on oath.

4. I am satisfied that the plaintiffs have proved their case against the defendant. In these circumstances, I therefore give judgment to the plaintiffs in the sum of $1,810,095.03 with interest thereon at the rate of 1% above the applicable prime rate for the period from 11 May 1999 to today. If necessary, the average prime rate over this period can be taken if the rate has varied. From today until the date of payment, there will be interest at the judgment rate. The costs of the action will be to the plaintiffs to be paid by the defendant, such costs to be taxed if not agreed.

5. As for the defendant's counterclaim, as the defendant has not turned up for the trial today, there is no evidence to support it and I therefore dismiss it with costs, again such costs to be taxed if not agreed.

Representation:

Char Kwok Leung, Felix and Chan Wai Kuen, Rachel, both trading as Yobe Toys Industrial Company, in person

Leung Wai Ming Thomas, trading as Premiums N Toys Factory, absent