THE INCORPORATED OWNERS OF TUEN MUN AND ANOTHER v. UNITED HONG KONG LTD.

CACV 652/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 652 OF 2000

(ON APPEAL FROM HCMP 2991 OF 1998)

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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. Although there has been considerable delay we consider that the defendant should be given one last chance to prosecute this appeal. We order that the defendant must file and serve an appeal bundle within 21 days and thereafter prosecute this appeal with due diligence. In this connection liberty to apply is granted to the plaintiff. If they are not satisfied adequate progress is being made they should apply to the court for an order to strike the appeal out. The costs of this application must be paid by the defendant forthwith as soon as they have been taxed or otherwise agreed. We would also emphasize this almost certainly is the last opportunity which will be given to the defendant.