Question:
You are employed in the litigation department of Messrs Hoh & Ho, solicitors. You are consulted by Miss Annie Chow, a well known local socialite in relation to a contractual dispute with a Mr. Tim Wong of Cassandra Interior Designs & Decorators. Annie is the managing director of “Dreams Can Come True Limited” a company which runs a number of successful restaurants and bars in Hong Kong.
Annie had made a contract with Tim Wong to design and fit out a new exotic restaurant/bar called “Lover’s Dream” to be ready in time for the grand opening for Valentine’s Day on the 14th February 2005. The famous Spanish crooner and singer Julio Iglesias was to be the star performer for the evening together with local celebrity Gong Li. A number of patrons had made advance bookings for the big night.
In the written contract, Tim Wong had undertaken to finish all the work on or before the 12th February 2005. The total contractual payment was HK$8 million, out of which HK$2 million had been paid in advance by Dreams Can Come True Limited to Tim Wong.
The work was not completed on time and much of what had been done was of sub-standard quality. The grand opening of “Lover’s Dream” had to be cancelled, causing a lot of bad publicity and embarrassment for Annie. She still had to pay Iglesias and Gong Li for their booking fee. She wants to sue Tim Wong for damages in the Court of First Instance so as to “make him pay for breaking the contract.”
(a) If you learn before issuing the writ that Cassandra Interior Designs & Decorators has a credit balance of HK$3 million with the Standard Chartered Bank in Hong Kong, what steps will you consider in relation to this?
Answer: File the Mareva Injunction
(b) Assume that the writ has been duly served and Cassandra Interior Designs & Decorators has filed an acknowledgement of service indicating an intention to contest the proceedings. What steps will you take on behalf of the Plaintiff if you believe that Cassandra Interior Designs & Decorators has no defence to the claim at all?
Answer: RHC Order 14 Summary Judgement
(c) Assume that some material witnesses on behalf of the Plaintiff are reluctant to attend court. What steps will you take?
Answer: Subpoena the witness
(d) If the case proceeds to trial and Cassandra Interior Designs & Decorators makes a payment into court of HK$2million, what effect, if any, will this have on the case?
Answer: RHC Order 22 Payment into Court
(e) Assume that the case proceeds to full trial, outline the trial procedure from the opening speech by counsel for the Plaintiff to delivery of judgment.
Answer: inside the note
(f) Assume that after trial, Mr. Justice Mak Ho gives judgment in favour of the Plaintiff for HK$6 million plus costs to be taxed, if not agreed. Outline and explain the principal methods of enforcement of judgment against the Defendant Cassandra Interior Designs & Decorators.
Answer: Writ of Fieri Facias (fi fa), Gainishee Proceeding, Charging Order
Please answer the questions only base on the note I provide. Have to answer all the questions (a-f).
2500 words all together.
Question a and c, answer can be short
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