MARBELLA FORT LTD v. AMIGO COLLECTIONS LTD

HCA013927/1997

1997 No. A13927

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

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BETWEEN
MARBELLA FORT LIMITED Plaintiff

AND

AMIGO COLLECTIONS LIMITED Defendant

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Coram: The Hon. Mr. Justice Waung in Chambers

Date of Hearing: 7 August 1998

Date of Delivery of Judgment: 7 August 1998

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JUDGMENT

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1. This is an application for Order 14 by the Plaintiff against the Defendant. The Plaintiff is the seller of the goods and the Plaintiffsaid they had sold the goods to the Defendant, Amigo Collections Limited. The defence is that the goods were sold not to Amigo CollectionsLimited, but to an associated company of the Defendant, Practical International Company Limited; the two companies are associatedcompanies, and Mr. Yeung who had made three affirmations occupies a senior management position in both companies. I, therefore, allowthe appeal and grant an unconditional leave to defend.

William Waung
Judge of the Court of First Instance
High Court

Representation:

Mr. Aaron Tam of M/S W K To & Co for Defendant

Mr. Ling Timothy Y C instructed by M/S Leung Chan & Pang for Plaintiff