Everise Sinopharm Ltd. v. Homefield International Development Ltd.

Read the full judgment text of CACV 963/2000 on BabelCite. This Court of Appeal judgment was delivered on 25 May 2001.

1. The present appeal is dismissed. This is because the Official Receiver informs us that she never consented to the appeal being proceeded with. We make an order that the Petitioner is to have the costs of the appeal and Messrs Y.T. Szeto & Co. the solicitors who until yesterday were representing the Respondent should show cause within 14 days why they should not personally defray these costs.

Case No.CACV 963/2000
Court
Court of Appeal
Date25 May 2001
Judge
Case Document
100%Judiciary

CACV000963/2000

CACV 963/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 963 OF 2000

(ON APPEAL FROM HCCW 214 OF 2000)

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IN THE MATTER OF HOMEFIELD INTERNATIONAL DEVELOPMENT LIMITED

and

IN THE MATTER OF THE COMPANIES ORDINANCE, CHAPTER 32 OF THE LAWS OF HONG KONG

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BETWEEN
EVERISE SINOPHARM LIMITED Petitioner
AND
HOMEFIELD INTERNATIONAL DEVELOPMENT LIMITED Respondent

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Coram: Hon Mayo VP, Rogers VP and Le Pichon JA in Court

Date of Hearing: 25 May 2001

Date of Judgment: 25 May 2001

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J U D G M E N T

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Hon Mayo VP (giving the judgment of the Court):

1. The present appeal is dismissed. This is because the Official Receiver informs us that she never consented to the appeal being proceeded with. We make an order that the Petitioner is to have the costs of the appeal and Messrs Y.T. Szeto & Co. the solicitors who until yesterday were representing the Respondent should show cause within 14 days why they should not personally defray these costs.

2. Mr Tam will need to consider whether the directors wish to prosecute an appeal. If that is the case, they need leave to lodge the appeal out of time and to proceed with the appeal.

(Simon Mayo) (Anthony Rogers) (Doreen Le Pichon)
Vice-President Vice-President Justice of Appeal

Representation:

Mr Patrick Chong, instructed by Messrs Tang, Wong & Cheung for liquidator of petitioner

Ms Phyllis Mckenna, Senior Solicitor for official receiver & liquidator Tam Kai Hing, director of respondent