Shanghai Tycoon Co Ltd and Orient International Holdings (HK) v Dynes (Gerard) trading as Clonmore Plant Sales
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 11 June 2010 |
| Neutral Citation | [2010] NIQB 76 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 11 June 2010 |
| Year | 2010 |
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Neutral Citation No. [2010] NIQB 76 Ref:
WEA7894
Judgment: approved by the Court for handing down Delivered:
11/06/2010
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (COMMERCIAL)
________
(1) SHANGHAI TYCOON CO LIMITED and
(2) ORIENT INTERNATIONAL HOLDINGS (HK)
MARKETING CO LIMITED
Plaintiffs;
v.
GERARD DYNES
trading as CLONMORE PLANT SALES
Defendant.
_______
WEATHERUP J
[1] By an Order made on 15 April 2010, in a form commonly known as an
‘unless order’, Deeny J ordered that, unless the defendant served on the
plaintiffs a Defence and Counterclaim and an Accountant’s Report within 7
days, the defence would be struck out and judgment would be entered in the
action for the plaintiff with costs. The defendant was in default of the
requirements of the ‘unless order’. The plaintiff applies for a further Order
setting out the terms of the judgment obtained by the plaintiff against the
defendant on the default date, 22 April 2010.
[2] By Writ of Summons dated 21 December 2009 the plaintiffs claimed
against the defendant under a number of heads for goods supplied and
expenses incurred in the total sum of £251,500.76.
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1 cases
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McKenna (Roisin) v Quinn (Aidan)
...against a party in default of an unless order as was evident in the present case and in Shanghai Tycoon Co Ltd and Another v Dynes [2010] NIQB 76. The defendant was in default of an unless order requiring service of a defence and counterclaim and an accountants report within 7 days, in whic......