Bank of China (Hong Kong) Ltd v. Chan Yeuk Wai and Another

Read the full judgment text of CACV 26/2006 on BabelCite. This Court of Appeal judgment was delivered on 8 February 2007.

1. We granted leave to the defendants to appeal to the Court of Final Appeal pursuant to section 22(1)(a) of the Court of Final Appeal Ordinance .

Cited by 2 cases

Case No.CACV 26/2006[2007] 1 HKLRD 172
Court
Court of Appeal
Date08 Feb 2007
Judge
Case Document
100%Judiciary

CACV 26/2006

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 26 OF 2006

(ON APPEAL FROM HCA NO. 3156 OF 2002)

BETWEEN

  BANK OF CHINA (HONG KONG) LIMITED Plaintiff
  and  
  CHAN YEUK WAI 1st Defendant
  CHAN YEUK PUN 2nd Defendant

AND BETWEEN

  UMBRELLA FINANCE COMPANY LIMITED Plaintiff
  and  
  CHAN YEUK WAI 1st Defendant
  CHAN YEUK PUN 2nd Defendant

(By original writ and order to carry on)

Before : Hon Cheung JA, Yuen JA and Stone J in Court

Date of Hearing : 8 February 2007

Date of Decision : 8 February 2007

Date of Reasons for Decision : 1 March 2007

______________________

Reasons for Decision

______________________

Hon Cheung JA :

1.We granted leave to the defendants to appeal to the Court of Final Appeal pursuant to section 22(1)(a) of the Court of Final Appeal Ordinance.

2.We refused the 2nd defendant’s application for stay of execution of the judgment (which was the relief ultimately sought by the 2nd defendant) because we are not satisfied that he has a real prospect of success at the appeal.

3.As to the risk of the 2nd defendant facing a bankruptcy order and thereby losing his employment, we consider that the appropriate forum to deal with this issue is the bankruptcy court.

Hon Yuen JA :

4.I agree.

Hon Stone J :

5.I agree.

(Peter Cheung)
Justice of Appeal
(Maria Yuen)
Justice of Appeal
(William Stone)
Judge of the Court of First Instance

Ms Roxanne Ismail, instructed by Messrs Clifford Chance, for the Plaintiffs

Mr. Jeremy Cheung, instructed by Messrs Johnny K. K. Leung & Co., for the 1st Defendant

Mr. Simon Yip, instructed by Messrs Lau, Kwong & Hung, for the 2nd Defendant

Other Judgments in This Case

Further hearings and rulings under CACV 26/2006