WONG CHUN KIT AND ANOTHER v. CHENG KWONG FAT AND OTHERS

[2021] HKCFI 2077

HCCW 365/2017
HCCW 366/2017
(Heard together)

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES (WINDING-UP) PROCEEDINGS NO 365 OF 2017

________________________

AND

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES (WINDING-UP) PROCEEDINGS NO 366 OF 2017

________________________

________________________

________________________

D E C I S I O N

________________________

1.  This is, or at least should be, a straightforward time summons in which the petitioner seeks an extension of time for the service of the fifth affirmation of Wong Chun-kit affirmed on 12 May 2021 together with the third affirmation of Wong Pui‑kwan affirmed on 12 May 2021.

2.  There is very significant delay in this matter and the petitioner accepts that due to COVID and its own financial difficulties, it has not pursued this matter with any expedition at all.  That is most regrettable.

3.  The last directions hearing in this matter was on 27 July 2019 and the respondent tells me that the directions have not been complied with, which appears to be clear. 

4.  The petitioner simply relies upon the fact that there are provisional liquidators having been appointed to the company so that really there is very little prejudice.  The court finds it most regrettable that there has been such delay. 

5.  If this were a hotly contested litigation in the sense that there were applications to strike out, etc, it is likely that the court would be minded to be at least very sympathetic to such applications.  However, there is no application to strike out and in particular it seems important that there are provisional liquidators appointed to the company and they are in control of what may be left of the company at this stage. 

6.  In the circumstances, I am prepared to give leave to file the affirmations.  It is on an unless basis.  Unless it is filed within 24 hours of today, the petition will be struck out.  But if it is filed within 24 hours of today, then there will be further directions, leave to the 1st to 3rd respondents to file and serve their affirmation in opposition within 35 days thereafter, and leave to the petitioners to file and serve their affirmation in reply within 28 days thereafter. 

7.  I make it abundantly clear at this stage that any other court is unlikely to grant any further extensions of time in relation to this evidence.  The matter must be brought on rapidly. 

8.  The costs of this application are to be paid by the petitioner to the 1st to 3rd respondents, and as requested and against which there is no objection, I will summarily assess those costs on each summons at HK$1,040, payable forthwith.  That order will be made across both HCCW 365/2017 and HCCW 366/2017.