Rainbow Collection Limited v. Lee on Fuk , William and Another

Case No.CACV 244/1995

Court

Court of Appeal

Date14 Mar 1996

Judge—

Case Document

100%Judiciary

CACV000244/1995

IN THE COURT OF APPEAL

1995, No. 244
(Civil)

BETWEEN
	RAINBOW COLLECTION LIMITED	Plaintiff (Respondent)

	AND

	LEE ON FUK , WILLIAM PAUL WAI CHUN TSE	Defendant (Appellant) Third Party

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Coram: Hon. Litton, V.-P., Bokhary and Liu, JJ.A.

Date of hearing: 14 March 1996

Date of judgment: 14 March 1996

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J U D G M E N T

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Litton, V.-P. (giving the judgment of the Court):

1. This is an appeal from a judgment of Seagroatt, J. of 25 October 1995. It concerns an Agreement dated 2 March 1994 whereby the defendant agreed to sell to the plaintiff a flat and two carparking spaces for $13 million. A deposit of $2 million was paid at the time of the Agreement. Completion was to take place on 8 April 1994. The Agreement was executed on the defendant's behalf by a solicitor acting under a power of attorney.

2. The defendant refused to go through with the transaction. So the plaintiff took out a writ, followed by an application for summary judgment. Master Woolley gave judgment to the plaintiff and Seagroatt J dismissed an appeal under Order 58 of the Rules of the Supreme Court. Hence the appeal to this court.

3. No valid grounds of appeal have been put before us. The appellant has not appeared to prosecute this appeal and his solicitor has been given leave to withdraw. We have read the judge's careful judgment as well as Ms Josephine Pinto's helpful skeleton argument. We entirely agree with the judge's analysis of the issues in the case. The appeal is accordingly dismissed with costs.

(Henry Litton)	(K. Bokhary)	(B. Liu)
Vice President	Justice of Appeal	Justice of Appeal

Representation:

Ms Josephine Pinto, inst'd by M/S Joseph S.C. Chan & Co. for the Plaintiff/Respondent

Lee On Fuk, William, Defendant/Appellant in Person (absent)