Shun Kai Finance Co. Ltd. and Others v. Japan Leasing (Hong Kong) Ltd.

Read the full judgment text of CACV 87/2000 on BabelCite. This Court of Appeal judgment was delivered on 22 March 2001 before Rogers, VP, Keith, JA, Le Pichon, JA.

1. By a majority, this Court does not consider that a case has been made out for leave to appeal to the Court of Final Appeal to be given on the basis that the matter is of great general or public importance and, in any event, as a matter of discretion, leave should not be given in view of the authorities.

Legal issues: Leave to appeal to the Court of Final Appeal

Outcome: Leave to appeal to the Court of Final Appeal refused by majority.

Cited by 2 cases · Cites 1 case

Case No.CACV 87/2000
Court
Court of Appeal
Date22 Mar 2001
JudgeRogers, VP, Keith, JA, Le Pichon, JA
Case Document
100%Judiciary

CACV000087B/2000

CACV 87/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 87 OF 2000

(ON APPEAL FROM HCA 13826/1998)

_______________________

BETWEEN
SHUN KAI FINANCE COMPANY LIMITED 1st Plaintiff
WONG SHUN 2nd Plaintiff
YEUNG PUI YING ANNA 3rd Plaintiff
AND
JAPAN LEASING (HONG KONG) LIMITED (IN CREDITORS' VOLUNTARY LIQUIDATION) Defendant

Coram: Hon. Rogers, VP, Keith and Le Pichon, JJA in Court

Date of Hearing: 22 March 2001

Date of Judgment: 22 March 2001

__________________

JUDGMENT

__________________

Hon Rogers VP:

1. By a majority, this Court does not consider that a case has been made out for leave to appeal to the Court of Final Appeal to be given on the basis that the matter is of great general or public importance and, in any event, as a matter of discretion, leave should not be given in view of the authorities.

2. For the avoidance of doubt, it should be stated that one member of the court would have granted leave to appeal.

(Anthony Rogers) (Brian Keith) (Doreen Le Pichon)
Vice-President Justice of Appeal Justice of Appeal

Representation:

Mr John J E Swaine, instructed by Messrs Yolanda Fan & Co., for the 1st Plaintiff/Respondent

Mr Joseph Fok, SC, instructed by Messrs Baker & McKenzie, for the Defendant /Appellant

I/we certify that to the best of our ability and skill, the foregoing is a true transcript of the audio recording of the above proceedings

................................................
J. Paterson

Date: 23 March, 2001