1 Mar 2005
HUAXIN (HONG KONG) CO LTD v. CHEERFUL CORPORATION AND OTHERS
- Citation
- HUAXIN (HONG KONG) CO LTD v. CHEERFUL CORPORATION AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV343/2003
The court held that the earlier Order 14A determinations (Woolley and Muttrie) were wrong in law in light of higher authority that breach of s20(1) is not necessarily fatal because it can be cured; however, because the 2nd and 3rd defendants had been deleted from the proceedings by a 16 September 2003 amendment order, the appeal raised a real competency issue. The Court therefore adjourned the appeal for 14 days and gave the plaintiff a conditional opportunity to apply to set aside the 16 September 2003 order and to file affidavit evidence and undertakings; failing compliance the appeal will…