IFS CAPITAL LTD v. CHI TAT ENTERPRISE CO (a firm) AND OTHERS

HCMP 1790/2007

in the high court of the

hong kong special administrative region

court of appeal

MISCELLANEOUS PROCEEDINGS no. 1790 of 2007

(on AN INTENDED appeal from HCA NO. 1080 of 2007)

______________________

______________________

______________________

D E C I S I O N

______________________

1.  This is an application for leave to appeal out of time.  There is no need for me to decide when the time for appealing expired.  On any footing, it was late and the explanation is simply that there was a catalogue of accidents on the proposed appellants’ solicitors’ behalf, which has caused it.

2.  In this case I would only extend time to appeal if there was some merit in an appeal.  I can see no merit in an appeal either on law or in fact.

3.  As far as the law is concerned, it seems to me that the pleading is perfectly good.  Paragraph 12 says that there was an assignment; paragraph 13 says that there was an assignment of the outstanding invoices by reason of the following things.  Paragraph 14 says, on various dates last year, the 1^st Defendant confirmed that it received the invoices and it accepted the amounts outstanding on the invoices as properly due and owing and, as the matter stands at the moment anyway, these invoices have all been chopped by the Defendant as being properly executed.

4.  If the Defendant wants to take issue with any of this, then they can do that in a defence which should be filed fairly soon anyway.

5.  As far as I am concerned, this appeal should not be allowed to go ahead and I do not extend time to bring this appeal.