Standard Chartered Bank (Hong Kong) Ltd v. Chan Kwok Wah, Andy and Another

CACV 161/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 161 OF 2008

(ON APPEAL FROM HCA 1762 OF 2004)

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BETWEEN

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Before : Hon Cheung and Yeung JJA in Court

Date of Hearing : 18 June 2009

Date of Decision : 18 June 2009

Date of Reasons for Decision : 19 June 2009

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REASONS FOR DECISION

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Hon Cheung JA (giving reasons for decision of the Court) :

1.The defendants applied for leave to appeal to the Court of Final Appeal against our judgment of 6 March 2009.  In this case the plaintiff obtained summary judgment against the defendant in the sum of US$17,357,505.53.  The defendants were unsuccessful in their appeal against the summary judgment. 

2.A summary judgment granted under Order 14 of the Rules of the High Court is in the nature of an interlocutory judgment : B & B Construction Limited v. Sun Alliance and London Insurance Plc [2001] 1 HKLRD 1.  This being the case the defendants are not entitled to appeal as of right against our judgment to the Court of Final Appeal. 

3.The defendants will then have to show that the case involves matters of great general or public importance or otherwise ought to be considered by the Court of Final Appeal.  The defendants have not identified any matters of great general or public importance.  They have also not identified any exceptional circumstances which will entitle them to appeal under the ‘or otherwise’ ground. 

4.Accordingly, the application was dismissed with costs to the plaintiff.

Mr. Andrew Sheppard, instructed by Messrs Tanner De Witt, for the Defendant

1^st Defendant, in person, present

2^nd Defendant, in person, represented by the 1^st Defendant