8 Dec 2011
THE LIQUIDATOR OF WING FAI CONSTRUCTION CO LTD (IN COMPULSORY LIQUIDATION) v. YIP KWONG ROBERT AND OTHERS
- Citation
- THE LIQUIDATOR OF WING FAI CONSTRUCTION CO LTD (IN COMPULSORY LIQUIDATION) v. YIP KWONG ROBERT AND OTHERS
- Court
- Court of Final Appeal
- Case number
- FACV3/2011
The Court held the appeal must be dismissed because striking out is a last resort founded on abuse of process; although there was an inordinate unexplained delay for a two-year period, the evidence did not establish the necessary degree of abuse, 'warehousing' or prejudice to justify depriving the liquidator of a trial, and under CJR principles the court must apply active case management but still reserve striking out for plain and obvious cases.