3 May 2006
RE LEGEND INTERNATIONAL RESORTS LTD
- Citation
- RE LEGEND INTERNATIONAL RESORTS LTD
- Court
- Court of Appeal
- Case number
- CACV210/2005
Leave to appeal to the Court of Final Appeal was refused. On the evidence filed the Court of Appeal held that the petitioner does come within the definition of Eligible Transferee and there was no basis to treat the petition as an abuse of process or to strike it out; Hong Kong courts are competent to determine the issue despite later English proceedings; if the company produces further evidence the judge hearing the petition must decide whether a factual dispute exists that requires trial or alternative resolution, and any appeal lies after the petition hearing.