Wong Kam San and Another v. Yeung Wing Keung and Others

cacv 144/2007

in the high court of the

hong kong special administrative region

court of appeal

civil appeal no. 144 of 2007

(on appeal from HCA NO. 2036 of 2005)

BETWEEN

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Before: Hon Rogers VP in Chambers

Date of Hearing: 18 April 2008

Date of Decision: 18 April 2008

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D E C I S I O N

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1.This is an application to adjourn an appeal.  The consequence of such an order would be that two appeals have to be adjourned.  These two appeals were combined together, quite rightly so, because they arise out of one action, although the interests of the 5th Defendant are clearly different from those of the 1st to 4th Defendants. 

2.Nevertheless, this matter has dragged on for a long time and the sooner the ownership of the shares is sorted out, quite clearly, the better.  It is said that there is a winding-up petition which may be heard but, again, until the parties are quite clear as to who owns the shares, the people who actually own the shares cannot take proper steps to sort that matter out.

3.Reading between the lines, there is a great deal more than merely a petition to wind the company up and, clearly, it is part of an ongoing thing.  I would say that I notice that this is not the first application at the last minute to adjourn these proceedings.  In fact, at the trial, the same thing happened.

4.I am afraid this application was hopeless from the start and I refuse it.  These appeals will go ahead, if the Appellants see fit to continue with them.

Mr Ambrose Ho SC and Mr Anthony Chan, instructed by Messrs C L Chow & Macksion Chan, for the 1st and 2nd Plaintiffs/Respondents

Mr Stephen Fong, instructed by Messrs Damien Shea & Co., for the 2nd to 4th Defendants/Appellants

Mr Stanley C K Siu, instructed by Messrs Deannie Yew & Associates, for the 5th Defendant/Appellant in CACV131/2007