The Liquidators of Wing Fai Construction Co Ltd (in Compulsory Liquidation) v. Yip Kwong Robert and Others

FAMV No.31 of 2010

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 31 OF 2010 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 273 OF 2009)

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Between:

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DETERMINATION

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Chief Justice Ma:

1.A number of questions arise which in our view merit consideration by the Court of Final Appeal: the extent to which the law relating to applications to strike out for want of prosecution has changed (if at all) following the changes brought about by the Civil Justice Reform and whether any differences in the law ought to apply to applications which were commenced prior to the coming into effect of the Civil Justice Reform changes.  There may be other related questions as well.  In these circumstances, we grant leave to appeal.

Mr Barrie Barlow SC (instructed by Messrs Barlow Lyde & Gilbert) for the applicants

Mr Jeremy Bartlett (instructed by Messrs Reed Smith Richards Butler) for the respondent