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

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

The court will not deliver a formal judgment on Realty's O 29 r.1 summons at this stage because the parties have been progressing toward return of the cloth and the export licence appears imminent; the matter is deferred but may be restored on seven days' notice and the court directs a schedule for written submissions on costs (Realty submissions, Ching Hing reply, Realty response each within seven days) with the possibility of oral argument only if required.

Citation
REALTY TEXTILES CO LTD v. CHING HING WEAVING DYEING & PRINTING FACTORY 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
13 September 2006
Case Number
HCA1884/2005
Procedural Posture
Civil Litigation Consolidated Commercial/contract Actions Concerning Supply of Goods and Return of Property / Interim Ruling on Interlocutory Summons Under Order 29 R.1; Matter Adjourned/deferred
Outcome
Interim ruling: judgment on the summons deferred; matter may be restored on seven days' notice; directions issued for written submissions on costs
Legal Topics
Order 29 R.1 Applications, Inspection of Goods, Return of Goods, Bank Guarantee as Security, Export Licence and Administrative Delay, Costs and Interlocutory Procedure
Source Language
EN
Civil Procedure Contract Law Commercial Law Property (goods) Administrative/export Control Order 29 R.1 Applications Inspection of Goods Return of Goods +3 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

Civil Litigation Consolidated Commercial/contract Actions Concerning Supply of Goods and Return of Property / Interim Ruling on Interlocutory Summons Under Order 29 R.1; Matter Adjourned/deferred

Legal Issues

  1. 1 Whether Ching Hing must disclose the whereabouts of Realty's cloth and permit inspection
  2. 2 Whether Ching Hing must take steps and assist to obtain an export licence to return the cloth to Hong Kong
  3. 3 Whether the court should determine the summons now or defer judgment given ongoing progress toward resolution

Ratio Decidendi

The court will not deliver a formal judgment on Realty's O 29 r.1 summons at this stage because the parties have been progressing toward return of the cloth and the export licence appears imminent; the matter is deferred but may be restored on seven days' notice and the court directs a schedule for written submissions on costs (Realty submissions, Ching Hing reply, Realty response each within seven days) with the possibility of oral argument only if required.

Court Disposition

Interim ruling: judgment on the summons deferred; matter may be restored on seven days' notice; directions issued for written submissions on costs

Orders

  • Do not deliver a formal judgment on Realty's summons at present; matter deferred
  • Either party may apply on seven days' notice to have the matter restored for argument on any remaining issues and on costs