PERENNIAL INVESTMENTS (HK) LTD. v. UNION BRIDGE INVESTMENT LTD. AND OTHERS

CACV 239/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 239 OF 1999

(ON APPEAL FROM HCA 10119/1999)

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J U D G M E N T

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Godfrey, J.A. :

1. The 2nd Defendant asks us to set aside the order below and instead to make an order in the terms of its notice of appeal in this action. The plaintiff being neutral, and the order now asked for seeming to be correct, I would make that order. The 2nd Defendant is a defendant in the action. It has instructed solicitors, apparently properly authorised in that behalf by a resolution of its board as presently constituted, to represent it. However, the disputes between the plaintiff on the one hand and the parties to the subscription agreement and shareholders agreement of 18.1.99 on the other hand are really not such as are appropriate to be resolved in an action. They are such as ought to be resolved in proceedings in the Companies Court. I therefore say no more about the action. The 2nd Defendant must have its costs of this appeal.

Rogers, J.A. :

2. I agree.