Re China Properties Group Ltd

CACV 197/2023, [2024] HKCA 443

On Appeal From [2023] HKCFI 1500

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 197 OF 2023

(ON APPEAL FROM COMPANIES

(WINDING-UP)  PROCEEDINGS NO. 67 of 2022)

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DECISION

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Hon Cheung JA (giving the Decision of the Court)  :

1.There are two summonses before this Court :

1)  By summons filed on 12 October 2023, the petitioner applies to strike out the Company’s notice of appeal dated 28 June 2023 (‘NOA’)  against the order of Anthony Chan J dated 31 May 2023 to wind up the Company (‘Striking-Out Application’); and

2.By summons filed on 1 November 2023, the Company applies for (1) leave to admit further evidence in support of its appeal against the order of Anthony Chan J dated 31 May 2023 (‘New Evidence Application’)  and (2) to amend its NOA as per the draft amended notice of appeal annexed to the summons (‘Amendment Application’).

2.  Submissions have been made on the substantive merits as well as the further conduct of the applications.  Having considered the matter, we are of the view that the Striking-Out Application, the New Evidence Application and the Amendment Application should be heard at the same time as the appeal proper. 

3.The petitioner has intimated that if the New Evidence Application is allowed, the petitioner should have a chance to file further evidence in response to the evidence adduced by the Company. 

4.In consequence, we will make the following directions :

1)  The petitioner’s summons filed on 12 October 2023 and the Company’s summons filed on 1 November 2023 be heard at the same time as the Company’s appeal against the order of Anthony Chan J dated 31 May 2023;

2)  Without prejudice to the petitioner’s right to oppose the Company’s summons filed on 1 November 2023, the petitioner be granted leave to file further evidence (if any)  in opposition to the further evidence intended to be adduced by the Company in the appeal within 21 days hereof; and

3)  Costs of the applications be reserved.

Mr. Anson Wong, SC and Mr. Martin Kok, instructed by the Kobre & Kim (HK)  LLP, for the Company

Mr. Laurence Li, SC and Mr. Keith Chan, instructed by YTL LLP, for the Petitioner