Re Legend International Resorts Ltd

cacv 223/2006

in the high court of the

hong kong special administrative region

court of appeal

civil appeal no. 223 of 2006

(on appeal from HCCW NO. 1139 of 2004)

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Before: Hon Rogers VP, Le Pichon JA and Stone J in Court

Date of Hearing: 1 February 2007

Date of Judgment: 1 February 2007

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J U D G M E N T

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Hon Rogers VP:

1.This is an application for leave to appeal to the Court of Final Appeal.  It is from a judgment of this Court which was given ex tempore, which is not particularly usual in this Court, on 24 November 2006.  That judgment commenced with this Court stating:

“We have been told this morning, and it seems to be accepted, that the former directors are neither creditors nor contributories of the company and therefore their locus, or interest is, to say the least, somewhat precarious.  They seek to appeal, not on the grounds of appeal which were first lodged, but on the grounds which are set out in a draft notice of appeal supported by evidence which they would, if the amended notice of appeal is allowed, seek to adduce...”

2.I then go to paragraph 6 of the judgment where I said: 

“I see no grounds in the proposed grounds of appeal which should be permitted to be argued.  In those circumstances, I consider that the proposed amendment should not be allowed and I would refuse the amendment.” 

3.Mr Wong has, very fairly, said that his application this morning is, in effect, a rehash of the arguments on the appeal.  As far as I can see, that is the end of the matter.  There is no way in which this Court could rationally give leave to appeal to the Court of Final Appeal.

Hon Le Pichon JA:

4.I agree.

Hon Stone J:

5.I agree.

Mr Godfrey Lam, instructed by Messrs White & Case, for the Petitioner/Respondent

Mr William Wong, instructed by Messrs Oldham, Li & Nie, for the Respondent/Applicant