CAUDALIE SPAIN S.L. v. VS INTERNATIONAL TECHNOLOGY LTD AND ANOTHER

bjbj HCA 1719/2012 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE ACTION NO. 1719 OF 2012 ____________ BETWEEN CAUDALIE SPAIN S.L. Plaintiff and VS INTERNATIONAL TECHNOLOGY LIMITED 1st Defendant BOX ONLINE LIMITED 2nd Defendant ____________ Before: Hon L Chan J in Chambers Date of Hearing: 18 June 2013 Date of Decision: 18 June 2013 _____________ D E C I S I O N _____________ This is the 1st defendant s application to set aside a judgment entered in default of defence. The 1st defendant accepts that service of the writ of summons on it was regular. The plaintiff s claim is that its general manager had been defrauded by unknown persons into instructing the plaintiff s bank in Madrid, Spain, to remit two sums of 0 it received from the 2nd defendant was part of the money paid to it by a company called Facelink Limited ( Facelink ) which is incorporated in Cyprus. The 1st defendant produced an agreement it purportedly made with Facelink dated 25 July 2012. The agreement was for mutual supply of telecommunications services and facilities to route international telecommunications traffic to various destinations around the world. The 1st defendant also produced a purported invoice dated 3 September 2012 it issued to eceived these two sums on 7 September 2012. The difference between the invoiced sum and the two sums received is probably because of bank charges. There is, however, a Certificate of Incorporation which has been authenticated by the Permanent Secretary of the Ministry of Justice and Public Order of Cyprus, showing that Facelink was only incorporated on 12 September 2012. That was after the date of the agreement and the date of the invoice. Facelink, however, issued a letter dated 2 March 2013 to the 1s e of the 2nd defendant to transfer the money to the 1st defendant. It however did not produce any document showing its instruction to its banker to remit its own money to the 2nd defendant or any of its bank statements showing the withdrawal of money from its account for payment to the 2nd defendant. It only provided some bank documents showing the remittance of the two sums from the 2nd defendant to the 1st defendant. It is the 1st defendant s firm case that the [Content_Types].xml Iw}, $yi} _rels/.rels theme/theme/themeManager.xml K Y, sQ}# theme/theme/theme1.xml w toc'v )I`n 3Vq%'#q x}r :\TZaG I u3 L+M2 e\O* $*c? )6-r IqbJ#x ,AGm T[XF64 E)`# R>QD =(K& =al- 4vfa 0%M0 theme/theme/_rels/themeManager.xml.rels 5 6?$Q K(M&$R(.1 [Content_Types].xmlPK _rels/.relsPK theme/theme/themeManager.xmlPK theme/theme/theme1.xmlPK theme/theme/_rels/themeManager.xml.relsPK <?xml version="1.0" encoding="UTF-8" standalone="yes"?> <a:clrMap xmlns:a="http://schemas.openxmlformats.org/drawingml/2006/main" bg1="lt1" tx1="dk1" bg2="lt2" tx2="dk2" accent1="accent1" accent2="accent2" accent3="accent3" accent4="accent4" accent5="accent5" accent6="accent6" hlink="hlink" folHlink="folHlink"/> i$&`G F&&K F&&K Judiciary Carlson- HCA.dot Judiciary Microsoft Office Word Judiciary Hong Kong Title <b:Sources SelectedStyle="\APA.XSL" StyleName="APA" xmlns:b="http://schemas.openxmlformats.org/officeDocument/2006/bibliography" xmlns="http://schemas.openxmlformats.org/officeDocument/2006/bibliography"></b:Sources> <?xml version="1.0" encoding="UTF-8" standalone="no"?> <ds:datastoreItem ds:itemID="{F7605D3F-2905-4C51-B040-FA1D2E3E96B7}" xmlns:ds="http://schemas.openxmlformats.org/officeDocument/2006/customXml"><ds:schemaRefs><ds:schemaRef ds:uri="http://schemas.openxmlformats.org/officeDocument/2006/bibliography"/></ds:schemaRefs></ds:datastoreItem> Microsoft Office Word 97-2003 Document MSWordDoc Word.Document.8