A3/2011/1161 & 1161A
A3/2011/1278 & 1278A
A3/2011/1279 & 1279A
A3/2011/1280 & 1280A
ON APPEAL FROM THE COMPANIES COURT
(MR JUSTICE LEWISON)
Strand, London, WC2A 2LL
B e f o r e :
LADY JUSTICE ARDEN
LORD JUSTICE CARNWATH
|- and -
WordWave International Limited
A Merrill Communications Company
165 Fleet Street, London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
Mr Christopher Boardman (instructed by Berry & Berry) appeared on behalf of the Respondent.
Mr Paul Parker (instructed by Hill Dickinson LLP) appeared on behalf of Mr Paul Marshall as appellant to the Wasted Costs Order
Crown Copyright ©
Lord Neuberger, MR:
"…by 4 pm on 8 July 2010 to file in court and serve upon [Mr Ng] a list of the factual issues he wishes to raise at the trial and the evidence already disclosed which he wishes to rely upon."
Paragraph 8 of the order said:
"Save as provided in paragraphs 2 and 3 of this order, no evidence of fact to be adduced at the trial without the permission of the court."
And for permission of the court they were at liberty to apply.
"Paragraph 1 is a final order and no further extension of time to comply with paragraph 2 of the order of 10 June 2010 shall be granted."
"2. Save as to the existence of the ZLF debt which is to be proved by production of the order of 25 November 2009, the First Respondent is debarred from raising any issues of fact or relying upon any evidence of disputed fact at the trial of the petition.
3. No witness of the fact shall be heard at the trial of the Petition. The parties shall be restricted to calling the experts whose reports have already been filed and served. The evidence of the experts shall be limited to that which their expertise properly enables them to give. Any evidence of disputed fact contained within the experts# reports shall not be admitted."
"The [ZLF] liability [and] quantum and crystallisation of the [ZLF] liability."
"In order to assist the court [he] states the issue in this case is now limited to the value, if any, that should be attributed to the petitioner's shares in [the company] as at March 2005. It is agreed that a 'number crunching exercise' is all that is now required by the trial judge to determine the value of the shares, if any, and essentially the parties are at a variant on the methodology and basis upon which the valuation has been undertaken by their respective experts."
"There are numerous accounting issues why the ZLF liability was treated in the manner that it was in the accounts and those reasons were expanded upon at trial. Essentially, the subsequent effect of the ZLF liability and additional losses incurred previously [by the company] did not feature in the accounts until after 2005. It is for that reason that events pre and post March 2005 need to be considered by the court."
Lady Justice Arden:
Lord Justice Carnwath:
Orders: Application granted for wasted costs order.
Appeal allowed for wasted costs order.
All other applications refused.