JOYFUL SPARKLE CO LTD v. SHAN YU CO
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DCDT48/2008
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
DISTRAINT CASE NO. 48 OF 2008
________________________
BETWEEN | ||
| JOYFUL SPARKLE COMPANY LIMITED | Plaintiff | |
and | ||
| SHAN YU COMPANY | Defendant | |
| ________________________ | ||
Coram: H H Judge Chow in Chambers (Open to the public)
Date of Hearing: 6 September 2010
Date of Decision: 6 September 2010
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D E C I S I O N
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1. In the defendant’s affirmation in support of this application there have been set out all the material facts and evidence in this case. I accept the evidence.
2. The warrant of distress in this case was wrongfully taken out by the plaintiff, namely the landlord of the subject premises in question, because no rent was owed by the defendant to the plaintiff at the material time. I therefore make the following orders:-
1. The warrant of distress dated 9 January 2008 be hereby discharged.
2. The sum of HK$35,575 paid into court on 24 January 2008 together with interest, if any, be paid out of court to the defendant forthwith.
3. Costs of this application, including all costs previously reserved on 1 February 2008, 7 March 2008 and 7 May 2008, be paid forthwith by the plaintiff to the defendant.
(Discussion re costs)
3. I repeat the costs order:
Costs of this application, including all costs previously reserved on 1 February 2008, 7 March 2008 and 7 May 2008, be paid forthwith by the plaintiff to the defendant. The costs are hereby summarily assessed at $37,000.
| (Chow) District Court Judge |
Ken Chiu & Co., for the Plaintiff, absent
Ms Vivian Wong, of W K To & Co., for the Defendant