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

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

Ching Hing failed to provide a satisfactory explanation for the inordinate delay in obtaining export/customs approval and to take necessary steps to procure return of the cloth; that unexplained conduct justified an adverse inference and rendered Realty's actions reasonable; therefore Ching Hing must pay Realty's costs of the summons dated 4 July 2006, taxed on the party and party basis and payable forthwith.

Citation
REALTY TEXTILES CO LTD v. CHING HING WEAVING DYEING & PRINTING FACTORY LTD
Parties
Plaintiff (hca 1880)/defendant (hca 1884): CHING HING WEAVING DYEING & PRINTING FACTORY LIMITED; Defendant (hca 1880)/plaintiff (hca 1884): REALTY TEXTILES COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 November 2006
Case Number
HCA1884/2005
Procedural Posture
Civil Interlocutory Application Concerning Return of Goods and Export/customs Approval / Ruling on Costs Following Summons Dated 4 July 2006 (interim Ruling 13 Sept 2006; Costs Ruling 2 Nov 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, Return of Goods, Bank Guarantee, Export Licence/customs Approval, Substitute Goods/equivalence
Source Language
EN
Civil Procedure Costs Property (goods) Customs and Export Control Costs Order Return of Goods Bank Guarantee Export Licence/customs Approval +1 more

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Parties

CHING HING WEAVING DYEING & PRINTING FACTORY LIMITED

Plaintiff (hca 1880)/defendant (hca 1884)

REALTY TEXTILES COMPANY LIMITED

Defendant (hca 1880)/plaintiff (hca 1884)

Procedural Posture

Civil Interlocutory Application Concerning Return of Goods and Export/customs Approval / Ruling on Costs Following Summons Dated 4 July 2006 (interim Ruling 13 Sept 2006; Costs Ruling 2 Nov 2006)

Legal Issues

  1. 1 Whether costs should be awarded to Realty in respect of the summons dated 4 July 2006
  2. 2 Whether Ching Hing acted unreasonably or dilatorily in failing to procure export/customs approval and return the cloth
  3. 3 Whether Realty acted unreasonably or oppressively in seeking directions and pressuring for compliance

Ratio Decidendi

Ching Hing failed to provide a satisfactory explanation for the inordinate delay in obtaining export/customs approval and to take necessary steps to procure return of the cloth; that unexplained conduct justified an adverse inference and rendered Realty's actions reasonable; therefore Ching Hing must pay Realty's costs of the summons dated 4 July 2006, taxed on the party and party basis and payable 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 to pay Realty's costs of the summons dated 4 July 2006
  • Costs to be taxed on the party and party basis