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HCCW 227/2015
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
COMPANIES (WINDING-UP) NO. 227 OF 2015
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IN THE MATTER of section 724 of the Companies Ordinance, Cap. 622 of the Laws of Hong Kong |
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AND |
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IN THE MATTER of sections 177 (1)(d) and (f) of the Companies (Winding Up and Miscellaneous Provisions) Ordinance, Cap. 32 of the Laws of Hong Kong |
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AND |
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IN THE MATTER of Asia Fortune Media Group Limited (“the Company”) |
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| BETWEEN |
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TSOI KWONG SHI |
Petitioner |
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and |
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GUO XIN |
1st Respondent |
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ASIA FORTUNE MEDIA GROUP LIMITED |
2nd Respondent |
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| Before: Hon Anthony Chan J in Chambers |
| Date of Hearing: 23 September 2015 |
| Date of Decision: 23 September 2015 |
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D E C I S I O N
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1. This is a very late application for introduction of additional evidence. It is contrary to the directions given by the court on 17 July 2014.
2. I agree with Mr Chan that there is no good explanation for the delay. Even in respect of Mr Kei’s evidence, he regarded himself as having left the employment of AFM on 6 August 2015 and there is no proper explanation on what transpired between then and the making of his affirmation on 17 September 2015 as to why he changed his mind to give evidence in this case and what Tsoi did to persuade him to do so.
3. In any case, Kei’s evidence only adds to the dispute and is of little assistance to the court.
4. As regards the additional evidence from Tsoi, there is simply no reason to allow him another opportunity to file reply evidence on matters which are within his knowledge for some time.
5. Accordingly, the Summons dated 18 September 2015 is dismissed with costs to the respondents.
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(Anthony Chan) |
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Judge of the Court of First Instance |
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High Court |
Mr William Wong SC and Mr Alex Fan, instructed by Hon & Co, for the petitioner
Mr Joe Chan, instructed by Fongs, for the 1st and 2nd respondents
Ms Fiona Lee, for Official Receiver
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