EVERISE SINOPHARM LTD. v. HOMEFIELD INTERNATIONAL DEVELOPMENT LTD.
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CACV000963/2000
CACV 963/2000
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO. 963 OF 2000
(ON APPEAL FROM HCCW 214 OF 2000)
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IN THE MATTER OF HOMEFIELD INTERNATIONAL DEVELOPMENT LIMITED and IN THE MATTER OF THE COMPANIES ORDINANCE, CHAPTER 32 OF THE LAWS OF HONG KONG |
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| BETWEEN | ||
| EVERISE SINOPHARM LIMITED | Petitioner | |
| AND | ||
| HOMEFIELD INTERNATIONAL DEVELOPMENT LIMITED | Respondent |
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Coram: Hon Mayo VP, Rogers VP and Le Pichon JA in Court
Date of Hearing: 25 May 2001
Date of Judgment: 25 May 2001
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J U D G M E N T
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Hon Mayo VP (giving the judgment of the Court):
1. The present appeal is dismissed. This is because the Official Receiver informs us that she never consented to the appeal being proceeded with. We make an order that the Petitioner is to have the costs of the appeal and Messrs Y.T. Szeto & Co. the solicitors who until yesterday were representing the Respondent should show cause within 14 days why they should not personally defray these costs.
2. Mr Tam will need to consider whether the directors wish to prosecute an appeal. If that is the case, they need leave to lodge the appeal out of time and to proceed with the appeal.
| (Simon Mayo) | (Anthony Rogers) | (Doreen Le Pichon) |
| Vice-President | Vice-President | Justice of Appeal |
Representation:
Mr Patrick Chong, instructed by Messrs Tang, Wong & Cheung for liquidator of petitioner
Ms Phyllis Mckenna, Senior Solicitor for official receiver & liquidator Tam Kai Hing, director of respondent