Shih-hua Investment Co., Ltd v. Zhang Aidong and Others

HCCW 198/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES (WINDING-UP) PROCEEDINGS NO. 198 OF 2016

___________________

__________________

__________________

________________

D E C I S I O N

________________

1.I shall decline the Respondents’ application for adducing further evidence and my reasons, briefly stated, are as follows:

(1)   It must be remembered that these are interlocutory applications.  It is not possible to make findings based on paper evidence, and there must be finality in the exchange of the same;

(2)   I do not find anything compelling in the further evidence which may falsify the petitioner’s case as suggested.  Without the benefit of cross-examination, these are merely further material on which yet more submissions can be made;

(3)   The lateness of these evidence, despite an unless order that the respondents were to file their evidence by 4 pm on 1 December 2016;

(4)   The prejudice to the petitioner in having to deal with the further evidence without its reply material;

(5)   The eagerness on the part of the petitioner to proceed today can be well-understood.  Thus, its indication not to apply for an adjournment if this application is allowed does not mitigate the prejudice to it.

2.The summons filed on 19 December 2016 is dismissed with costs to the petitioner and a certificate for 2 counsel.

Mr Chua Guan Hock SC and Ms Connie Lee, instructed by Alvan Liu & Partners, for the petitioner

Mr Victor Joffe and Mr Justin Ho, instructed by Jun He Law Offices, for the 1^st and 2^nd respondents

Mr Charles Sussex SC, instructed by Holman Fenwick Willan, for the opposing creditors