SILVER CHANCE LTD. v. CHINA SCI-TECH HOLDINGS LTD.
The judge determined that the defendants' defence was shadowy and granted conditional leave to defend only on the condition that the whole sum claimed be paid into court within 14 days; failure to comply would result in judgment for the plaintiff for the sum claimed and costs in both actions.
Source-derived case information.
- Citation
- SILVER CHANCE LTD. v. CHINA SCI-TECH HOLDINGS LTD.
- Parties
- Plaintiff: Silver Chance Limited; Defendant: China Sci-Tech Holdings Limited
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 22 July 1999
- Case Number
- HCA1769/1999
- Procedural Posture
- Summary Judgment Application / Hearing/judgment (application for Summary Judgment; Conditional Leave to Defend)
- Outcome
- Conditional leave to defend granted subject to payment of the whole sum claimed into court within 14 days; otherwise judgment for the plaintiff for the sum claimed and costs in both actions.
- Legal Topics
- Summary Judgment, Conditional Leave to Defend, Payment Into Court, Possession of Goods
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Silver Chance Limited
Plaintiff
China Sci-Tech Holdings Limited
Defendant
Procedural Posture
Summary Judgment Application / Hearing/judgment (application for Summary Judgment; Conditional Leave to Defend)
Legal Issues
- 1 Whether the defendants' pleaded defence is bona fide or shadowy and insufficient to resist summary judgment
- 2 Whether leave to defend should be granted subject to payment of the sum claimed into court
- 3 Whether the plaintiff is entitled to judgment and costs if the condition is not complied with
Ratio Decidendi
The judge determined that the defendants' defence was shadowy and granted conditional leave to defend only on the condition that the whole sum claimed be paid into court within 14 days; failure to comply would result in judgment for the plaintiff for the sum claimed and costs in both actions.
Court Disposition
Conditional leave to defend granted subject to payment of the whole sum claimed into court within 14 days; otherwise judgment for the plaintiff for the sum claimed and costs in both actions.
Orders
- Defendants to pay the whole of the sum claimed into court within 14 days from the date of judgment.
- If the condition is satisfied, costs will be costs in the cause.
Full Case Text
Judgment text and source record
1 paragraphs
bjbj Nwmwm f|vU\lQ IP 2nd Defendant ---------------------- HCA 1769/1999 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE ACTION NO. 1769 OF 1999 BETWEEN SILVER CHANCE LIMITED Plaintiff and CHINA SCI-TECH HOLDINGS LIMITED Defendant ---------------------- Coram : Hon. Godfrey, J.A. in Chambers (sitting as an additional Judge of the Court of First Instance) Date of hearing : 22 July 1999 Date of judgment : 22 July 1999 ---------------------- J U D G M E N T ---------------------- Godfrey, J.A. : On this application for summary judgment, I am very nearly prepared to give judgment for the plaintiff. I regard as shadowy the suggested defence that the debtor did not receive the documents which it needed and to which it was entitled in order to obtain its goods and that the goods have a result ended up in the hands of a stranger. I will, therefore, give leave to the defendants to defend both these actions only on condition that the whole of the sum claimed be paid into court within 14 days from today. If the condition is satisfied, costs will be costs in the cause; if not, then the plaintiff will have judgment for the sum claimed, and its costs, in both actions. (Gerald Godfrey) Justice of Appeal Mr. Samuel Chan instructed by Messrs. Or, Ng & Chan for Plaintiffs Mr. Edward Chan, SC & Mr. Dennis Law instructed by Messrs. Tong Kan & Co. for Defendants - PAGE - @\\SSLAI\HP LaserJet 4 Plus Ne02: winspool HP LaserJet 4 Plus \\SSLAI\HP LaserJet 4 Plus \\SSLAI\HP LaserJet 4 Plus IN THE COURT OF APPEAL 199, No. Registrar, Supreme Court Normal Microsoft Word 8.0 user IN THE COURT OF APPEAL 199, No. Title _PID_GUID Microsoft Word Document MSWordDoc Word.Document.8