Esquire (Electronics) Ltd v. The Hong Kong and Shanghai Banking Corporation Ltd and Another

FAMV No. 19 of 2007

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION 

MISCELLANEOUS PROCEEDINGS NO. 19 OF 2007 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 312 OF 2005)

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Between:

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And Between:

(by original writ and order to carry on)

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Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing: 1 June 2007

Date of Determination: 1 June 2007

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D E T E R M I N A T I O N

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Mr Justice Bokhary PJ :

1. Leave to appeal to the Court of Final Appeal is sought under – and solely under – the “or otherwise” limb of s.22(1)(b) of the Court’s statute.  It is well established that the granting of leave under this limb is an exceptional course.  Having considered the arguments put forward for the purpose of seeking leave to appeal, we see no reasonable prospect of the Court of Appeal’s judgment being reversed.  Leave to appeal is refused accordingly.

2. [Without opposition, costs were awarded to the respondent.]

Mr Martin Lee SC, Mr Paul Harris SC and Mr Newman Lam (instructed by Messrs Ho, Tse, Wai & Partners) for the applicant

Mr John Jarvis QC, Mr Joseph Fok SC and Mr Eugene Fung (instructed by Messrs Johnson Stokes & Master) for the respondent