Case Details

Citation

THE LIQUIDATORS OF WING FAI CONSTRUCTION CO LTD (IN COMPULSORY LIQUIDATION) v. YIP KWONG ROBERT AND OTHERS, FAMV 31/2010

Case Number

FAMV 31/2010

Court

Court of Final Appeal

(CFA)

Decision Date

21 January 2011

Parties

Applicant(s):

THE LIQUIDATORS OF WING FAI CONSTRUCTION COMPANY LIMITED (IN COMPULSORY LIQUIDATION), CHENG KIT YIN KELLY, KAM SHING

Respondent(s):

YIP KWONG ROBERT

For Applicant(s):

Mr Barrie Barlow SC (instructed by Messrs Barlow Lyde & Gilbert)

For Respondent(s):

Mr Jeremy Bartlett (instructed by Messrs Reed Smith Richards Butler)

THE LIQUIDATORS OF WING FAI CONSTRUCTION CO LTD (IN COMPULSORY LIQUIDATION) v. YIP KWONG ROBERT AND OTHERS

FAMV 31/2010

Court of Final Appeal21 January 2011

FAMV31/2010 THE LIQUIDATORS OF WING FAI CONSTRUCTION CO LTD (IN COMPULSORY LIQUIDATION) v. YIP KWONG ROBERT AND OTHERS

FAMV No.31 of 2010

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 31 OF 2010 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 273 OF 2009)

_____________________

Between:

	THE LIQUIDATORS OF WING FAI CONSTRUCTION COMPANY LIMITED (IN COMPULSORY LIQUIDATION)	Applicant (Respondent)
	- and -
	YIP KWONG ROBERT	1st Respondent (1st Applicant)
	CHENG KIT YIN KELLY	2nd Respondent (2nd Applicant)
	KAM SHING	3rd Respondent (3rd Applicant)

_____________________

Appeal Committee: Chief Justice Ma, Mr Justice Bokhary PJ and Mr Justice Chan PJ

Date of Hearing: 21 January 2011

Date of Determination: 21 January 2011

_________________________

DETERMINATION

_________________________

Chief Justice Ma:

1. A number of questions arise which in our view merit consideration by the Court of Final Appeal: the extent to which the law relating to applications to strike out for want of prosecution has changed (if at all) following the changes brought about by the Civil Justice Reform and whether any differences in the law ought to apply to applications which were commenced prior to the coming into effect of the Civil Justice Reform changes. There may be other related questions as well. In these circumstances, we grant leave to appeal.

(Geoffrey Ma)
Chief Justice

(Kemal Bokhary)
Permanent Judge

(Patrick Chan)
Permanent Judge

Mr Barrie Barlow SC (instructed by Messrs Barlow Lyde & Gilbert) for the applicants

Mr Jeremy Bartlett (instructed by Messrs Reed Smith Richards Butler) for the respondent

Citation

Court

Procedural posture

Issues

Holdings

Legal principles

Disposition

Appeal history

RE WING FAI CONSTRUCTION CO. LTD.
CFI · 12 Nov 2002
On appeal from
RE WING FAI CONSTRUCTION CO LTD
CA · 6 Oct 2005
On appeal from
RE WING FAI CONSTRUCTION CO LTD
CA · 18 Aug 2006
On appeal from
RE WING FAI CONSTRUCTION CO LTD
CA · 12 Oct 2007
On appeal from
RE WING FAI CONSTRUCTION CO LTD
CA · 13 May 2008
On appeal from
RE WING FAI CONSTRUCTION CO LTD
CA · 6 Jun 2008
On appeal from
RE DAVID JOHN KENNEDY AND OTHERS
CFA · 31 Oct 2008
On appeal from
RE DAVID JOHN KENNEDY AND OTHERS
CFA · 5 Dec 2008
On appeal from
DAVID JOHN KENNEDY v. KELLY CHENG AND ANOTHER
CFA · 20 Oct 2009
On appeal from
DAVID JOHN KENNEDY v. KELLY CHENG AND ANOTHER
CFA · 12 Jan 2010
On appeal from
THE LIQUIDATORS OF WING FAI CONSTRUCTION CO LTD (IN COMPULSORY LIQUIDATION) v. YIP KWONG ROBERT AND OTHERS
CA · 16 Apr 2010
On appeal from
THE LIQUIDATORS OF WING FAI CONSTRUCTION CO LTD (IN COMPULSORY LIQUIDATION) v. YIP KWONG ROBERT AND OTHERS
CA · 7 Sept 2010
On appeal from
THE LIQUIDATORS OF WING FAI CONSTRUCTION CO LTD (IN COMPULSORY LIQUIDATION) v. YIP KWONG ROBERT AND OTHERS
CFA · 21 Jan 2011
This judgment
RE DAVID JOHN KENNEDY AND OTHERS
CFA · 15 Jun 2011
On appeal from
THE LIQUIDATOR OF WING FAI CONSTRUCTION CO LTD (IN COMPULSORY LIQUIDATION) v. YIP KWONG ROBERT AND OTHERS
CFA · 8 Dec 2011
On appeal from
THE LIQUIDATOR OF WING FAI CONSTRUCTION CO LTD (IN COMPULSORY LIQUIDATION) v. YIP KWONG ROBERT
CFA · 24 May 2012
On appeal from
RE DAVID JOHN KENNEDY AND OTHERS
CFA · 12 Oct 2012
On appeal from
RE WING FAI CONSTRUCTION CO LTD
CFA · 30 Sept 2013
On appeal from