Richfine Development Ltd t/a Keng Fai Jewellery v. Hugh Rupert Rivington

Read the full judgment text of FAMV 41/2009 on BabelCite. This Court of Final Appeal judgment was delivered on 21 September 2009 before Mr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ.

Outcome: Leave to appeal refused.

Cited by 1 case

Case No.FAMV 41/2009
Court
Court of Final Appeal
Date21 Sep 2009
JudgeMr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ
Case Document
100%Judiciary

FAMV No. 41 of 2009

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 41 OF 2009 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 257 OF 2008)

_____________________

Between:

  RICHFINE DEVELOPMENT LIMITED Applicant
  (TRADING AS KENG FAI JEWELLERY)  
  - and -  
  HUGH RUPERT RIVINGTON Respondent
  (SUED ON HIS OWN BEHALF AND AS REPRESENTATIVE UNDERWRITER OF SYNDICATE 1069 AS LLOYD'S OF LONDON AND THE OTHER INTERESTED UNDERWRITERS SUBSCRIBING TO LLOYDS JEWELLERS' BLOCK CERTIFICATE NO. W-JBW-90-00075-1)  

_____________________

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

Date of Hearing: 21 September 2009

Date of Determination: 21 September 2009

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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 :

Clearly the claim is unliquidated. No point of law of any controversy or difficulty arises. The Court of Appeal’s decision is correct. No argument to the contrary is reasonable. So, despite the ability with which Ms Eu urged the application for leave, leave is refused.

(Kemal Bokhary)

(Patrick Chan)

(RAV Ribeiro)

Permanent Judge

Permanent Judge

Permanent Judge

Ms Audrey Eu SC and Mr Kenny Lin (instructed by Messrs Simon Ho & Co.) for the applicant

Mr Robert McLeish (instructed by Messrs DLA Piper Hong Kong) for the respondent