China Great Wall Finance Co v. Wonderyouth Industries Ltd

CACV 394/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 394 OF 2003

(ON APPEAL FROM HCA NO. 6915 OF 1996)

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BETWEEN

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Before:  Hon Cheung, Yeung and Yuen JJA in Court

Date of Hearing:  25 January 2005

Date of Decision:  25 January 2005

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D E C I S I O N

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Hon Yuen JA (giving the decision of the Court):

1.This is a notice of motion issued on behalf of the defendant for leave to appeal from the judgment of this court dated 12 November 2004 to the Court of Final Appeal on the ground that the matter in dispute on the intended appeal amounts to or is of the value of a million dollars or more as provided for at section 22(1)(a) of the Hong Kong Court of Final Appeal Ordinance.

2.The defendant needs an extension of time for the filing and service of its notice of motion because it was slightly out of time.  The delay in the present case was minimal.  It is a question of one to two working days only. 

3.The reasons given in the affidavits of Mr Bowers were understandable reasons due to the discrepancy between the High Court Rules and the Court of Final Appeal Rules as to the date from which time to appeal runs.  This is an excuse or an explanation that we, in this court, have seen many times and is a common error amongst practitioners.

4.We take into account the fact that the matter in dispute here is of the value of one million dollars or more and consequently we take the view that, by reason of the minimal delay and the reasons given in Mr Bowers’ affidavits, we should give an order in terms of the notice of motion, except for paragraph 3.

Mr Anthony Chan, SC, instructed by Messrs Fairbairn Catley Low & Kong, for the Plaintiff/Respondent

Mr Russell Coleman, instructed by Messrs Deacons, for the Defendant/Appellant