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FAMV000030/2000
FAMV No. 30 of 2000
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 30 OF 2000 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACV NO. 152 OF 2000)
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HO KWOK WAH |
Applicant |
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AND |
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GROUP BROTHERS LIMITED |
1st Respondent |
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LIM POH CHING CHRISTINA |
2nd Respondent |
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Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ
Date of Hearing: 19 December 2000
Date of Determination: 19 December 2000
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DETERMINATION
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Mr Justice Bokhary PJ:
1. It is contended on the applicant's behalf that the respondents have "stolen a march" on the company and on him. We see no basis for that, and it is off the point. The point is simply this. A company of which the applicant is a shareholder was sued for a sum of money which it undisputably owed. Default judgment was obtained against the company. Service had been effected on the company at its registered office. We are unable to see how the Court of Appeal can be faulted for regarding such service as regular. In any event, the applicant has no legal cause for complaint, whether derived from the company or independently on his own, against the judgment which is for payment of an undisputed debt. The application for leave to appeal to the Court of Final Appeal is refused.
2. Mr Hung, I assume that you ask for costs and that you, Mr Chain, do not oppose costs?
[Mr Hung: Yes
Mr Chain: Not opposed]
With costs.
| (Kemal Bokhary) |
(Patrick Chan) |
(R.A.V. Ribeiro) |
| Permanent Judge |
Permanent Judge |
Permanent Judge |
Representation:
Mr Benjamin Chain & Mr Au Yeung Kwan (instructed by Messrs Gary Mak, Dennis Wong & Chang) for the applicant
Mr Samson Hung (instructed by Messrs Dominic Y.K. Lai & Co.) for the respondents
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