PACIFIC DRAYAGE CO. LTD. AND ANOTHER v. MA ON SHAN WHITEHEAD GOLF CENTRE LTD. AND OTHERS

PACIFIC DRAYAGE CO. LTD. AND ANOTHER v. MA ON SHAN WHITEHEAD GOLF CENTRE LTD. AND OTHERS

Given the defendants' prior failures, the urgency of the lease position and Dudley Surveyors' familiarity and readiness, the court ordered that unless the 4th and 5th defendants immediately undertake to cooperate with Dudley Surveyors, pay all reasonable expenses (including $120,000) and pay $600,000 into court within seven days, they must demolish and vacate the premises; in default plaintiffs are authorised to demolish; costs ordered to plaintiffs.

Citation
PACIFIC DRAYAGE CO. LTD. AND ANOTHER v. MA ON SHAN WHITEHEAD GOLF CENTRE LTD. AND OTHERS
Parties
1st Plaintiff: PACIFIC DRAYAGE COMPANY LIMITED; 2nd Plaintiff: WANDEX LIMITED; 1st Defendant: MA ON SHAN WHITEHEAD; 2nd Defendant: GOLF CENTRE LIMITED; 3rd Defendant: WHITEROCK GOLF ACADEMY LIMITED; 4th Defendant: OASIS SMOOTHIE COMPANY LIMITED; 5th Defendant: HOLE-IN-1 CAF COMPANY LIMITED; 6th Defendant: KARL THOMSON INVESTMENT GROUP LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 May 2001
Case Number
HCA1050/2001
Procedural Posture
Civil (interlocutory Application Concerning Rectification Works and Demolition) / Ruling on Interlocutory Application
Outcome
Order made largely in plaintiffs' terms requiring 4th and 5th defendants to cooperate with Dudley Surveyors, pay reasonable expenses including $120,000, and pay $600,000 into court within 7 days, failing which they must demolish and vacate; plaintiffs authorised to demolish in default; costs to plaintiffs; liberty...
Legal Topics
Interim Relief, Security for Performance/payment Into Court, Appointment of Professional Advisors, Demolition Order
Source Language
EN
Civil Procedure Property Law Building Control Landlord and Tenant Interim Relief Security for Performance/payment Into Court Appointment of Professional Advisors Demolition Order

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Parties

PACIFIC DRAYAGE COMPANY LIMITED

1st Plaintiff

WANDEX LIMITED

2nd Plaintiff

MA ON SHAN WHITEHEAD

1st Defendant

GOLF CENTRE LIMITED

2nd Defendant

WHITEROCK GOLF ACADEMY LIMITED

3rd Defendant

OASIS SMOOTHIE COMPANY LIMITED

4th Defendant

HOLE-IN-1 CAF COMPANY LIMITED

5th Defendant

KARL THOMSON INVESTMENT GROUP LIMITED

6th Defendant

Procedural Posture

Civil (interlocutory Application Concerning Rectification Works and Demolition) / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the plaintiffs are entitled to specify Dudley Surveyors Ltd to submit plans and supervise rectification works
  2. 2 Whether the 4th and 5th defendants should be required to provide security by payment into court for execution of the works
  3. 3 Whether plaintiffs should be authorised to demolish in default

Ratio Decidendi

Given the defendants' prior failures, the urgency of the lease position and Dudley Surveyors' familiarity and readiness, the court ordered that unless the 4th and 5th defendants immediately undertake to cooperate with Dudley Surveyors, pay all reasonable expenses (including $120,000) and pay $600,000 into court within seven days, they must demolish and vacate the premises; in default plaintiffs are authorised to demolish; costs ordered to plaintiffs.

Court Disposition

Order made largely in plaintiffs' terms requiring 4th and 5th defendants to cooperate with Dudley Surveyors, pay reasonable expenses including $120,000, and pay $600,000 into court within 7 days, failing which they must demolish and vacate; plaintiffs authorised to demolish in default; costs to plaintiffs; liberty...

Orders

  • Unless each of the 4th and 5th Defendants undertakes forthwith to the Court to (a) cooperate with the building surveyor Dudley Surveyors Limited appointed by the 1st Plaintiff to submit approved building plans and timetable for carrying out rectifying measures, (b) pay all reasonable and necessary expenses...
  • In default of compliance by the 4th and 5th Defendants with the foregoing, the 1st and 2nd Plaintiffs shall be entitled to demolish the said unauthorised premises themselves and are authorised to do so.