Re Webtv Corporation Ltd

HCCW000999/2000

HCCW 999/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES (WINDING-UP) NO. 999 OF 2000

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Coram: Hon Kwan J in Court

Date of Hearing: 17 March 2003

Date of Judgment: 17 March 2003

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J U D G M E N T

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1.This petition to wind up Webtv Corporation Limited ("the Company") was presented by Cheung Chor Kiu, Lawrence on 28 October 2000.

2.On 19 February 2001, there was a hearing before Yuen J (as she then was) in which the judge gave the directions on the filing of evidence and adjourned the petition which was to be restored for further directions not before seven days after the directions on the filing of evidence had been complied with. No evidence has been filed by the petitioner within the time as ordered by the judge and no steps have been taken by the petitioner to prosecute the petition ever since.

3.On 28 February 2003, the Official Receiver wrote to the court seeking to restore the petition as the Official Receiver's attempt to ask the parties to do so had met with no response. I have made an order this morning on the application of the petitioner's solicitors that they should cease to act for the petitioner.

4.Under these circumstances, as no steps have been taken by the petitioner in these proceedings for two years, it would be appropriate to exercise the inherent jurisdiction of the court to dismiss the petition for want of prosecution.

5.I make an order as sought by the Official Receiver. As for the costs of the petition, I order that the petitioner should pay the Company's costs of the petition and that the Official Receiver's costs of $8,900.00 are to be deducted from the petitioner's deposit.

Representation:

Messrs Iu, Lai & Li, for the Petitioner, absent

Messrs Richards Butler, for the Company, absent

Miss T Yau, for the Official Receiver