Lisa Poncet v. Kho Sin Tek Henry

cacv 98/2007

in the high court of the

hong kong special administrative region

court of appeal

civil appeal no. 98 of 2007

(on appeal from HCAP NO. 19 of 2003)

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BETWEEN

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Before : Hon Rogers VP and Suffiad J in Court

Date of Hearing : 6 December 2007

Date of Judgment: 6 December 2007

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J U D G M E N T

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Hon Rogers VP:

1.This is an application for leave to appeal an order of this court to the Court of Final Appeal.  The order of this court was made on 25 July this year and the order was that the security payable by the Defendant, which was ordered by another judge of this court in the sum of $400,000, should be reduced to $250,000, and that that security should be provided by 22 August 2007.

2.The Defendant has very clearly stated that not only has that not been paid, but also that he is not in a position to provide that security.  He wishes to appeal the judgment of this court in that respect to the Court of Final Appeal.

3.This being an interlocutory matter, the Defendant would have to show that the issues raised on the appeal would be of great general or public importance.

4.In my view, this application comes nowhere near that and I cannot see any basis for granting leave under the provisions of section 22(1)(b) of the Court of Final Appeal Ordinance, Cap. 484, whether it be under the “great general or public importance” limb or the “or otherwise” limb.  In so far as the Defendant has sought to say that there are matters of fact which he wishes to go into arising from the judgment in the court below, those would not in any event come within that rubric on this application.

5.In those circumstances, there is no alternative, as far as I can see, but to dismiss this application.

Hon Suffiad J:

6.For the reasons given by the Vice-President, I, too, cannot see any basis for leave being granted to the Court of Final Appeal and I would likewise dismiss the application.

Mr Sanjay A Sakhrani, instructed by Messrs Stephenson Harwood & Lo, for the Plaintiff/Respondent

The Defendant/Applicant in person