TIANXIANG GARMENT LTD v. WM (FAR EAST) LTD

HCA 1700/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 1700 OF 2004

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BETWEEN

TIANXIANG GARMENT LIMITED Plaintiff
and
WM (FAR EAST) LIMITED Defendant

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Before: Mr Recorder P Fung, SC in Court

Date of Hearing: 4 September 2008

Date of Ruling: 4 September 2008

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R U L I N G

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1. As I have indicated earlier, the pleadings in this case on both sides are far from clear, so much so that I have had to ask theparties to provide particulars of their respective cases which they have done. Further, at the beginning of the trial, I was providedwith two agreed bundles, one by the Plaintiff and one by the Defendant. The basis of the agreed bundles was that the authenticityof the documents contained therein is not challenged unless the parties subsequently raise objection in respect of any.

2. Today, Mr Chiu on behalf of the Defendant did raise objection about the receipt in bundle B regarding the payment or the allegedpayment by the Plaintiff of the sum of over RMB1 million as representing 40% of the purchase price of the quota.

3. I have been informed by Mr Chong in court that in fact the Defendant’s side inspected the original of that receipt which bearsa date, 7 May 2004, but did not seem to raise any point on it. This morning, Mr Chiu produced an undated copy of the same receipt.

4. Mr Chong on behalf of the Plaintiff seeks an adjournment in order for him to take instructions from his client and to search forledgers and other documents to prove the payment of part of the purchase price of the quota.

5. In view of all the circumstances which I have mentioned, with great reluctance, I grant an adjournment until 10 am tomorrow morning. It is important that the court should have all the relevant materials before it. Since it is only a short adjournment, I do notthink that great injustice will be done to the Defendant.

6. On the other hand, I must make it clear that this does not necessarily mean that I will allow to be admitted everything which willbe uncovered by the Plaintiff. I will have to deal with the matter as and when any further application arises. So I grant the adjournmentuntil tomorrow in the exercise of my discretion.

7. By consent of the parties, the costs of the adjournment is reserved.

(Patrick Fung, SC)
Recorder of the Court of First Instance of the High Court

Mr Patrick Chong, instructed by Messrs Wong Fung & Co, for the Plaintiff

Mr Simon Chiu, instructed by Messrs Allen Chan & Co for the Defendant