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England and Wales High Court (Commercial Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Commercial Court) Decisions >> Deutsche Bank (China) Co Ltd, Shanghai Branch v Bright Food Hong Kong Ltd  EWHC 3543 (Comm) (08 December 2017)
Cite as:  EWHC 3543 (Comm)
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BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
COMMERCIAL COURT (QBD)
7 Rolls Buildings
London EC4A 1NL
B e f o r e :
| DEUTSCHE BANK (CHINA) CO., LTD., SHANGHAI BRANCH
|- and -
|BRIGHT FOOD HONG KONG LIMITED
THE DEFENDANT did not appear and was not represented
Crown Copyright ©
MRS. JUSTICE COCKERILL:
"24.2 The court may give summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if –
(a) it considers that –
(i) that claimant has no real prospect of succeeding on the claim or issue; or
(ii) that defendant has no real prospect of successfully defending the claim or issue; and
(b) there is no other compelling reason why the case or issue should be disposed of at a trial."
i) First, that DBSH is not and never has been a party to any of the transactions or the transaction documents. That, it seems to me, follows plainly from what I have been shown.
ii) Second, that the only parties to each of the transactions and the transaction documents, have ever been DBAG and BFHK. That also plainly follows
iii) The third declaration is the most complex. That is that DBSH has not at any time had any obligation, duty or other responsibility to BFHK arising out of any of the transaction documents. That is a declaration which reflects the fact that since DBSH is not and has never been a party to any of the transaction documents, DBSH could not owe any obligation, duty or other responsibility arising out of those transactions or the transaction documents to which it was not a contractual party.