Tang Chi Kin v. Tang Fong Chuen

CACV000010B/1947

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

APPEAL No.10 of 1947

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ORDER GRANTING PROVISIONAL LEAVE TO APPEAL TO PRIVY COUNCIL
BEFORE THE FULL COURT THE 3RD DAY OF NOVEMBER, 1947

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1. Upon the Petition of Tang Chi Kin, the abovenamed Appellant, filed on the 31st day of October, 1947, praying for leave to appeal to His Majesty in His Privy Council from the Judgment of the Full Court dated the 13th day of September, 1947, affirming the Judgment of His Honour the Chief Justice dated the 2nd day of July, 1947, AND UPON reading the said Petition, the Notice of Motion, filed herein on the 31st day of October, 1947, and the 30th day of September, 1947, respectively, and the Affidavit of David Louis Strellett filed herein on the 31st day of October, 1947, AND UPON hearing what was alleged by Mr. Brook Bernacchi, Counsel for the Appellant, and by the Honourable Mr. Leo D'Almada e Castro K.C., Counsel for the Respondent, and it appearing to this Honourable Court that this is a proper case in which to allow such appeal THIS COURT DOTH ORDER that subject to the performance by the said Appellant of the Order of this Court by him to be performed hereinafter contained or hereinafter made and subject to the final Order of this Court to be made upon the due performance thereof leave to appeal to His Majesty in His Privy Council against the said Judgment of this Honourable Court affirming the said Judgment of His Honour the Chief Justice be granted to the said Appellant AND THIS COURT DOTH FURTHER ORDER that the said Appellant do within three months from the date of the hearing of the said Petition for leave to appeal enter into good and sufficient securities to the satisfaction of the Registrar of this Court in the sum of $5,000.00 for the due prosecution of the appeal and for the payment of all such costs as may become payable to the Respondent in the event of the Appellant not obtaining an Order granting him final leave to appeal or of the appeal being dismissed for non-prosecution or of His Majesty in Council ordering the Appellant to pay the Respondent the costs of the Appeal AND THIS COURT DOTH FURTHER ORDER that the appellant do within the said period of three months, lodge with the Registrar of this Court the costs of the respondent directed to be paid to him by the said judgment of the said Full Court upon such costs being taxed and allowed by the said Registrar. AND THIS COURT DOTH FURTHER ORDER that the respondent be at liberty, at any time after the 30th day of November, 1947, to issue execution for the possession of all that piece or parcel of ground registered in the Land Office of Hong Kong as the Remaining Portion of Section A of Inland Lot No.6898 together with the buildings thereon known as No. 8 St. Stephen's Lane SUBJECT to the following condition:- that the respondent do enter into good and sufficient security to the satisfaction of the Registrar of this Court in the sum of $4,500.00 being the equivalent of 18 months mesne profits at the rate of $250 per mensem (inclusive of rates and taxes) and ALSO for the amount of costs that had been paid to him by the appellant (but not including the respondent's costs of and incidental to the action incurred by the appellant's abandonment of his original defence and by the further amendment of his defence in the Court below) to abide by the decision of His Majesty in Council AND THIS COURT DOTH FURTHER ORDER that the record of this Appeal for His Majesty in His Privy Council be prepared and despatched from Hong Kong within three months from the date of the hearing of the said Petition.

2. AND THIS COURT DOTH FURTHER ORDER that in the event of the said Appellant failing to enter into the said securities within the said period of three months or failing to despatch the said Record from Hong Kong within the said period of three months the said Petition for leave to appeal do stand dismissed with costs to be taxed and paid by the Appellant to the said Respondent.