CHINA OVERSEAS BUILDING CONSTRUCTION CO LTD v. PROFIT NATION DEVELOPMENT LTD

HCA003521/2003

HCA3521/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 3521 OF 2003

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BETWEEN
CHINA OVERSEAS BUILDING CONSTRUCTION COMPANY LIMITED Plaintiff
AND
PROFIT NATION DEVELOPMENT LIMITED Defendant

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Coram: Hon Tang J in Chambers

Date of Hearing: 19 May 2004

Date of Judgment: 9 June 2004

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J U D G M E N T

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1. In this action the plaintiff sues the defendant on a dishonoured cheque in the sum of $11,402,800.

2. The same parties are involved in HCA2008/2003.

3. The judgment in HCA2008/2003 (“the Judgment”) will be delivered at the same time as this judgment, where the same arguments wereraised and dealt with.

4. I repeat paras. 1-44 of the Judgment, and I order judgment in favour of the plaintiff in the sum of $11,402,800 with interest atthe rate of 1.75% per annum above HSBC’s prime lending rate from time to time until judgment, thereafter at the judgment rate untilpayment.

5. I make an order nisi that the plaintiff is to have the costs of the action.

(Robert Tang)
Judge of the Court of First Instance
High Court

Representation:

Mr Warren Chan, SC & Mr Law Man Chung, instructed by Messrs Lily Fenn & Partners, for the Plaintiff

Mr Clifford Smith, instructed by Messrs Gallant Y.T. Ho & Co., for the Defendant