Wing Hang Bank Ltd v. Richsun International Investment Ltd and Others

CACV 150/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 150 OF 2004

(ON APPEAL FROM HCMP NO. 52 OF 2002)

BETWEEN

Before : Hon Cheung JA and Yeung JA in Court

Date of Hearing : 17 November 2005

Date of Judgment : 17 November 2005

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J U D G M E N T

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Hon Cheung JA (giving judgment of the court) :

1.On 22 September 2005 we dismissed the 4^th defendant’s appeal against the order of Rogers VP in which the 4^th defendant was ordered to pay security for costs of his appeal in the sum of $200,000.  We granted the 4^th defendant an extension of 14 days to comply with the order.

2.The 4^th defendant now applies for leave to appeal to the Court of Final Appeal against our decision.

3.We will refuse the application as it does not fulfill the requirement of section 22(1) of the Hong Kong Court of Final Appeal Ordinance.  The 4^th defendant does not have a right of appeal because the order we made was an interlocutory one.  Further no issue of great general or public importance is involved and we do not see any evidence in support of the ‘or otherwise’ ground.  Accordingly, the application is dismissed with costs to the plaintiff.

4.The 4^th defendant has also issued a summons returnable today asking for a stay of execution of our order until the determination of his application for leave to appeal.  The application is now otiose.  We will dismiss the application with costs to the plaintiff.

Mr. Kenneth Chan, instructed by Messrs W. K. To & Co., for the plaintiff

4^th defendant, in person, present