Fu Lok Man James t/a Lokie Leatherware Manufacturing Co v. Chief Bailiff of the High Court

FAMV000016/2003

FAMV No. 16 of 2003

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 16 OF 2003 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 290 OF 2002)

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Appeal Committee: Chief Justice Li, Mr Justice Bokhary PJ and Mr Justice Chan PJ

Date of Hearing: 26 May 2003

Date of Determination: 26 May 2003

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DETERMINATION

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Chief Justice Li:

1.This is the determination of the Appeal Committee.

2.We are satisfied that the applicant is not entitled to appeal as of right. Leaving aside the question whether a charging order is final or interlocutory in nature, the monetary threshold is not satisfied. The matter in dispute for the purposes of the monetary threshold is the interest in land subject to the charging order. There is no evidence that such interest satisfies the monetary threshold.

3.As for the discretion limb, we are not prepared to grant leave. We are satisfied that the order for costs made by Suffiad J on 16 April 1998 was an order in favour of the office of the bailiff of the High Court.

4.Accordingly the application for leave to appeal is dismissed with costs with an order for taxation under the Legal Aid Regulations.

Representation:

Mr Simon Chiu (instructed by Messrs Henry Wan & Yeung assigned by the Department of Legal Aid) for the applicant

Mr Johnny S.L. Mok (instructed by the Department of Justice) for the respondent