19 Jun 2017
SKYRUN LIGHT INDUSTRY (HONG KONG) CO LTD AND ANOTHER v. SWIFT RESOURCES LTD AND OTHERS
- Citation
- SKYRUN LIGHT INDUSTRY (HONG KONG) CO LTD AND ANOTHER v. SWIFT RESOURCES LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA1278/2014
The judge exercised a discretionary balancing test under Order 25 rule 1B(2)-(3) and concluded D2's inability to attend trial in Hong Kong arising from credible Cambodian proceedings constituted exceptional circumstances that justified vacating and adjourning the trial, but because defendants delayed disclosure and failed to demonstrate videolink arrangements, the adjournment must be conditional to protect plaintiffs: re-fixing trial promptly, requiring payment into court as security for interest exposure, debarment sanction if condition not met, and indemnity costs to plaintiffs.