THE LIQUIDATORS OF WING FAI CONSTRUCTION CO LTD (IN COMPULSORY LIQUIDATION) v. YIP KWONG ROBERT AND OTHERS
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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:
| THE LIQUIDATORS OF WING FAI CONSTRUCTION COMPANY LIMITED (IN COMPULSORY LIQUIDATION) | Applicant (Respondent) | |
| - and - | ||
| YIP KWONG ROBERT | 1st Respondent (1st Applicant) | |
| CHENG KIT YIN KELLY | 2nd Respondent (2nd Applicant) | |
| KAM SHING | 3rd Respondent (3rd Applicant) |
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Appeal Committee: Chief Justice Ma, Mr Justice Bokhary PJ and Mr Justice Chan PJ |
Date of Hearing: 21 January 2011 |
Date of Determination: 21 January 2011 |
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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.
| (Geoffrey Ma) Chief Justice | (Kemal Bokhary) Permanent Judge | (Patrick Chan) Permanent Judge |
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