The Official Receiver v. William Nicholas Giles and Another

Read the full judgment text of CACV 367/2005 on BabelCite. This Court of Appeal judgment was delivered on 17 November 2005.

1. I will make the following orders :

Case No.CACV 367/2005
Court
Court of Appeal
Date17 Nov 2005
Judge
Case Document
100%Judiciary

CACV 367/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 367 OF 2005

(ON APPEAL FROM COMPANIES (WINDING-UP) PROCEEDINGS NOS. 99 AND 711 OF 2002)

  IN THE MATTER of the Companies Ordinance (Cap. 32)
  and 
  IN THE MATTER of BONFIELD INTERNATIONAL LIMITED
 

and

  IN THE MATTER of THE FITNESS CENTRE LIMITED
 

and

  IN THE MATTER of the 61 summary liquidations referred to in Schedule A to the Official Receivers’ Summons dated the 27th of June 2003

BETWEEN

  THE OFFICIAL RECEIVER

Applicant/
Respondent

  and  
   WILLIAM NICHOLAS GILES and
ALAN HUBERT DAY
Respondents/
Appellants

Before : Hon Cheung JA in Chambers

Date of Hearing : 17 November 2005

Date of Decision : 17 November 2005

______________________

D E C I S I O N

______________________

1.I will make the following orders :

1) The remaining 61 notices of appeal will be set down as one single appeal under CACV No. 367 of 2005.

2) For the purpose of Order 59 Rule 5(1), it is sufficient for the appellants to file one copy of each of the 61 notices of appeal together with one copy of Schedule A referred to in the title of the proceedings and one copy of my order.

3) There is no need to file copies of the two judgments that are now being appealed against.

4) Filing fees for the filing of the 61 notices of appeal are dispensed with. 

5) For the purpose of preparing the appeal bundle only one notice of appeal is needed.

6) Leave to respondent to serve the respondent’s notice within 14 days.  Only one respondent’s notice needs to be filed.

7) Costs of and occasioned by the two summonses be in the cause of the appeal.

  (Peter Cheung)
Justice of Appeal

Mr. Andrew Cotterell of Messrs Stephenson Harwood & Lo for the Applicant/Respondent

Mr. Andrew Nicholas Hart of Messrs Barlow Lyde & Gilbert for the Respondents/Appellants