Strong Offer Investment Ltd (in Liquidation) v. Nyeu Ting Chuang

CACV 384/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 384 OF 2004

(ON APPEAL FROM HCa NO. 10541 OF 2000)

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BETWEEN

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Before : Hon Woo VP, Yeung JA and Yuen JA in Court

Date of Hearing : 19 July 2006

Date of Decision : 19 July 2006

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D E C I S I O N

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Hon Woo VP (giving the decision of the Court):

1.Since our judgment is a final judgment involving a liquidated sum of over $1 million, the intended appeal by the defendant to the Court of Final Appeal is as of right, under section 22 of the Hong Kong Court of Final Appeal Ordinance, Cap 484. 

2.Pursuant to sections 23 and 25 of the Ordinance, leave is granted conditional upon the defendant within 28 days paying a sum of $400,000 into court as security for the due prosecution of the intended appeal and for the plaintiff’s costs of the intended appeal.

3.Costs be in the cause of the intended appeal.

Ms Jane Curzon Lo instructed by Messrs J Chan & Lai, for the Plaintiff (Respondent)

Mr R A Coleman SC instructed by Messrs Charles Chu & Kenneth Sit, for the Defendant (Appellant)