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Eminent Investments (Asia Pacific) Ltd v. Dio Corporation

Read the full judgment text of FAMV 330/2019 on BabelCite. This Court of Final Appeal judgment was delivered on 17 March 2020 before Mr Justice Fok PJ, Mr Justice Cheung PJ and Mr Justice Bokhary NPJ.

1. We grant leave to appeal on the following question of law:

Legal issues: Leave to appeal on question of law

Outcome: Leave to appeal granted on a question of law; leave not granted on the 'or otherwise' basis.

Case No.FAMV 330/2019[2020] HKCFA 7
Court
Court of Final Appeal
Date17 Mar 2020
JudgeMr Justice Fok PJ, Mr Justice Cheung PJ and Mr Justice Bokhary NPJ
Case Document
100%Judiciary

FAMV No. 330 of 2019

[2020] HKCFA 7

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 330 OF 2019 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NO. 207 OF 2016)

___________________________

BETWEEN    
EMINENT INVESTMENTS (ASIA PACIFIC) LIMITED
 Plaintiff
(Applicant)
and
DIO CORPORATION Defendant
(Respondent)

___________________________

Appeal Committee: Mr Justice Fok PJ, Mr Justice Cheung PJ and Mr Justice Bokhary NPJ

Date of Hearing and Determination: 17 March 2020

____________________

DETERMINATION

____________________

The Appeal Committee:

1.We grant leave to appeal on the following question of law:

What is the correct approach of the court to the construction of contractual terms governing post-termination payments to advisors or agents and the implication of terms into contracts governing such payments?

2.For the avoidance of doubt, we do not grant leave on the "or otherwise" basis.

3.The appeal will be heard on 13 October 2020.

 (Joseph Fok)  (Andrew Cheung)  (Kemal Bokhary)
Permanent Judge Permanent Judge Non-Permanent Judge

Mr Wong Yan Lung SC and Mr Jenkin Suen SC, instructed by Tang & So, for the Plaintiff (Applicant)

Mr Charles Sussex SC and Mr Richard Zimmern, instructed by DLA Piper Hong Kong, for the Defendant (Respondent)