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CACV 292/2006
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO. 292 OF 2006
(ON APPEAL FROM HCMP NO. 421 OF 2006)
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IN THE MATTER of the Evidence Ordinance Chapter 8 of the Laws of Hong Kong
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and
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IN THE MATTER of Order 70 of the Rules of the High Court |
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and
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IN THE MATTER of Civil Proceedings Instituted in the Superior Court of the State of California, County of Santa Clara |
BETWEEN
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PREDIWAVE CORPORATION
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Applicant
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and
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NEW WORLD TMT LIMITED
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Respondent
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CACV 293/2006
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO. 293 OF 2006
(ON APPEAL FROM HCMP NO. 421 OF 2006)
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IN THE MATTER of the Evidence Ordinance Chapter 8 of the Laws of Hong Kong
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and
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IN THE MATTER of Order 70 of the Rules of the High Court
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and
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IN THE MATTER of Civil Proceedings Instituted in the Superior Court of the State of California, County of Santa Clara
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BETWEEN
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MODERN OFFICE TECHNOLOGY LIMITED
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Applicant
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and
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NEW WORLD TMT LIMITED
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Respondent
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Before : Hon Yuen JA in Court
Date of Ruling: 17 October 2006
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RULING
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1. This judgment is handed down.
2. For the record, I would note that at about 5 o'clock yesterday evening, the Court received a fax letter from solicitors for the appellant Prediwave, to the effect that they would be filing “as soon as possible” their client’s request for dismissal of appeal.
3. This morning at 8.48 am, this Court also received a fax from the solicitors for the other appellant Modern Office Technology Limited, also to the effect that they would be filing a request for dismissal of appeal this morning.
4. A computer check undertaken just now indicates that neither request for dismissal of appeal has found its way into the computer system indicating what documents have been filed in these appeals. As far as the Respondent is concerned, the Court has not received any substantive response from them in relation to these requests for dismissal of appeal.
5. In the circumstances, in the exercise of my discretion, I have proceeded to hand down the judgements.
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(MARIA YUEN)
Justice of Appeal
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Appearance of parties’ legal representatives dispensed with.
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