ASIANET CORPORATION LTD. v. DOMINGO CHEN & OTHERS
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HCA004728/2001
HCA 4728/2001
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO. 4728 OF 2001
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| BETWEEN | ||
| ASIANET CORPORATION LIMITED | Plaintiff | |
| AND | ||
| DOMINGO CHEN | 1st Defendant | |
| ANTHONY YEUNG | 2nd Defendant | |
| JESSICA CHENG | 3rd Defendant | |
| DANIEL LUK | 4th Defendant |
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Coram: Hon Chung J in Chambers
Date of Hearing: 9 November 2001
Date of Decision: 9 November 2001
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D E C I S I O N
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1. There are 2 summonses before me today. The first is the Plaintiff's application for the continuation of the ex parte order dated 1 November 2001. The other is the Defendants' application for the discharge of the ex parte order.
2. At the beginning of the hearing, the Plaintiff indicated that because of events since the date of the ex parte order, there is no need to ask for the continuation of paragraph 1 of the ex parte order and the Plaintiff does not ask for its continuation.
3. The Defendants have filed affirmations alleging that there had been material non-disclosure on the Plaintiff's part. The Plaintiff asks for time to consider and deal with this allegation. At the end of the hearing, the parties do not oppose to an adjournment of the 2 summonses to 2:30 pm on 21 November 2001.
4. The dispute which needs a determination today is whether there should be a continuation of paragraph 2 of the ex parte order. Having considered the whole of the evidence, in particular paragraph 17(d) of the affirmation of Jin Yang Jang (but without taking into consideration the alleged material non-disclosure on the Plaintiff's part), the balance of convenience is such that that part of the ex parte order should be continued up to and including 21 November 2001. Since the Defendants have indicated that they will give an undertaking in those terms if required to do so, I will hear Defendants' counsel whether the Defendants will in fact do so.
| (Andrew Chung) | |
| Judge of the Court of First Instance High Court |
Representation:
Mr John Bleach SC, instructed by Messrs Fong & Ng, for the Plaintiff
Mr Benjamin Yu SC, instructed by Messrs Charles Chu & Kenneth Sit, for the Defendants