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CACV 255/2008
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO. 255 OF 2008
(ON APPEAL FROM HCCL NO. 29 OF 2004)
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| BETWEEN |
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AKAI HOLDINGS LIMITED (IN COMPULSORY LIQUIDATION) |
Plaintiff |
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and |
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ERNST & YOUNG (A HONG KONG FIRM) |
Defendant |
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Before: Hon Tang VP, Yuen JA and Chung J in Court
Date of Hearing: 20 May 2009
Date of Decision: 20 May 2009
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DECISION
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Hon Tang VP (giving the decision of the Court):
1. We have decided that section 357 of Companies Ordinance, Cap. 32 applies to an overseas company which is registered under Part XI of the Ordinance. The plaintiff wishes leave to appeal to the Court of Final Appeal. One basis for leave is that our decision involves a question of great general or public importance. On the material before us, it is clear that there are many companies in Hong Kong which may be affected by our decision. That being the case, I believe this is an appropriate case for leave to be given.
2. We were concerned that the effect of leave being given may mean that the trial which is set to commence in September 2009 with an estimated length of 6 months would be aborted. We were told that the giving of leave by us would not have that effect. If it were otherwise, this is a case where we might exercise our discretion to decline leave, leaving it to the parties to go to the Court of Final Appeal for leave. But as it is, we are gratified to hear that leave would not mean the abortion of the trial.
3. Costs of this application be in the cause of the appeal. Usual security to be provided.
(Robert Tang)
Vice-President |
(Maria Yuen)
Justice of Appeal |
(Andrew Chung)
Judge of the Court of First Instance |
Mr. Leslie Kosmin, QC, and Mr. Charles Manzoni, instructed by Messrs Lovells, for the Plaintiff.
Mr. Clifford Smith, SC, instructed by Messrs Barlow Lyde & Gilbert, for the Defendant.
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