CHING HING WEAVING DYEING & PRINTING FACTORY LTD v. REALTY TEXTILES CO LTD

CHING HING WEAVING DYEING & PRINTING FACTORY LTD v. REALTY TEXTILES CO LTD

Ching Hing failed to give any satisfactory explanation for a prolonged delay in obtaining the required export approval, failed to produce evidence from its alleged Mainland liaison, and thus acted unreasonably; Realty acted properly in pressing for directions and acceptance of substitute cloth did not negate Ching Hing's responsibility. Therefore Ching Hing must pay Realty's costs of the summons dated 4 July 2006, to be taxed on the party-and-party basis and paid forthwith.

Citation
CHING HING WEAVING DYEING & PRINTING FACTORY LTD v. REALTY TEXTILES CO LTD
Parties
Plaintiff in HCA 1880/2005; Defendant in HCA 1884/2005: CHING HING WEAVING DYEING & PRINTING FACTORY LIMITED; Defendant in HCA 1880/2005; Plaintiff in HCA 1884/2005: REALTY TEXTILES COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 November 2006
Case Number
HCA1880/2005
Procedural Posture
Interlocutory Application Concerning Return of Goods and Costs / Ruling on Costs in Respect of Summons Dated 4 July 2006 (hearings July 2006; Ruling on Costs 2 November 2006)
Outcome
Ching Hing Weaving Dyeing & Printing Factory Limited ordered to pay Realty Textiles Company Limited's costs of the summons dated 4 July 2006.
Legal Topics
Costs Order, Bank Guarantee, Return of Goods, Export Licence, Adverse Inference From Delay
Source Language
EN
Civil Procedure Costs Contract Customs/export Control Equitable Relief Costs Order Bank Guarantee Return of Goods +2 more

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Parties

CHING HING WEAVING DYEING & PRINTING FACTORY LIMITED

Plaintiff in HCA 1880/2005; Defendant in HCA 1884/2005

REALTY TEXTILES COMPANY LIMITED

Defendant in HCA 1880/2005; Plaintiff in HCA 1884/2005

Procedural Posture

Interlocutory Application Concerning Return of Goods and Costs / Ruling on Costs in Respect of Summons Dated 4 July 2006 (hearings July 2006; Ruling on Costs 2 November 2006)

Legal Issues

  1. 1 Whether Ching Hing should be ordered to pay Realty's costs of the summons dated 4 July 2006
  2. 2 Whether delays and conduct of Ching Hing in obtaining PRC export approval were unreasonable or unexplained
  3. 3 Whether an offer of substitute cloth sufficed to discharge Ching Hing's obligation to return the original cloth and allay suspicion

Ratio Decidendi

Ching Hing failed to give any satisfactory explanation for a prolonged delay in obtaining the required export approval, failed to produce evidence from its alleged Mainland liaison, and thus acted unreasonably; Realty acted properly in pressing for directions and acceptance of substitute cloth did not negate Ching Hing's responsibility. Therefore Ching Hing must pay Realty's costs of the summons dated 4 July 2006, to be taxed on the party-and-party basis and paid forthwith.

Court Disposition

Ching Hing Weaving Dyeing & Printing Factory Limited ordered to pay Realty Textiles Company Limited's costs of the summons dated 4 July 2006.

Orders

  • Ching Hing Weaving Dyeing & Printing Factory Limited to pay Realty Textiles Company Limited's costs of the summons dated 4 July 2006; those costs to be taxed on the party-and-party basis and to be paid forthwith.