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China Insurance Co Ltd v. Malayan Banking Berhad

Read the full judgment text of FAMV 31/2003 on BabelCite. This FAMV judgment was delivered on 15 January 2004 before Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ.

1. The pleadings could be clearer, but are not fatally unclear. There may well be important points of law involved in this case, but none which are so clear as to support the striking out now sought in advance of a trial of the material facts. Leave to appeal is refused.

Legal issues: Application for leave to appeal - striking out

Outcome: Leave to appeal refused.

Case No.FAMV 31/2003
Court
FAMV
Date15 Jan 2004
JudgeMr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ
Case Document
100%Judiciary

FAMV000031/2003

FAMV No. 31 of 2003

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 31 OF 2003 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NO. 424 OF 2002)

_____________________

Between:
CHINA INSURANCE COMPANY LIMITED Applicant
AND
MALAYAN BANKING BERHAD
(as agent for and on behalf of the syndicate of banks comprising Malayan Banking Berhad, Overseas Union Bank Limited and Overseas-Chinese Banking Corporation Limited)		 Respondent

_____________________

Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing: 15 January 2004

Date of Determination: 15 January 2004

__________________________

DETERMINATION

__________________________

Mr Justice Bokhary PJ:

1.The pleadings could be clearer, but are not fatally unclear. There may well be important points of law involved in this case, but none which are so clear as to support the striking out now sought in advance of a trial of the material facts. Leave to appeal is refused.

Mr Ronny Tong SC

2.I ask for costs, my Lord.

Mr Justice Bokhary PJ:

3.Can you resist that, Mr Westbrook?

Mr Simon Westbrook SC?

4.No, my Lord.

Mr Justice Bokhary PJ:

5.With costs. Thank you, gentlemen.

(Kemal Bokhary) (Patrick Chan) (R.A.V. Ribeiro)
Permanent Judge Permanent Judge Permanent Judge

Representation:

Mr Simon Westbrook SC (instructed by Messrs Masons) for the applicant

Mr Ronny Tong SC and Mr Bernard Man (instructed by Messrs Simmons & Simmons) for the respondent