7 Oct 2009
THE LIQUIDATORS OF WING FAI CONSTRUCTION CO LTD (IN COMPULSORY LIQUIDATION) v. YIP KWONG ROBERT AND OTHERS
- Citation
- THE LIQUIDATORS OF WING FAI CONSTRUCTION CO LTD (IN COMPULSORY LIQUIDATION) v. YIP KWONG ROBERT AND OTHERS
- Court
- Court of First Instance
- Case number
- HCCW735/2002
The application to strike out was dismissed: although there was an inordinate and inexcusable period of two years' inactivity, the respondents failed to establish the required causal prejudice or substantial risk that a fair trial would be impossible and there was no cogent objective evidence of an intention by the liquidators to abandon or 'warehouse' the proceedings; limitation and other legal defences were reasonably arguable and ought be litigated at trial or on specific interlocutory applications rather than by strike out.