Goldlion Properties Ltd and Others v. Regent National Enterprises Ltd

Case No.
Court
Date23 Oct 2009
Judge
Case Document
100%

FACV No. 10 of 2008

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION 

FINAL APPEAL NO. 10 OF 2008 (CIVIL)

(ON APPEAL FROM CACV NO. 23 OF 2007) 

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BETWEEN     
  GOLDLION PROPERTIES LIMITED 1st Plaintiff
(1st Respondent)
  KIMBERLEY HOTEL LIMITED(formerly known as SOMAX LIMITED) 2nd Plaintiff
(2nd Respondent)
  KIMBERLEY HOTEL MANAGEMENT SERVICES LIMITED  3rd Plaintiff
(3rd Respondent)
  KIMBERLEY SPA CONCEPT LIMITED 4th Plaintiff
(4th Respondent) 
  and   
  REGENT NATIONAL ENTERPRISES LIMITED Defendant
(Appellant) 
  and   
  RAIFFEISEN ZENTRALBANK OSTERREICH AG Intervener

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Court :   Mr Justice Bokhary PJ in Chambers

Date of Hearing :  23 October 2009

Date of Ruling : 23 October 2009

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R U L I N G

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Mr Justice Bokhary PJ :

1.In whatever way I decide this motion as a single permanent judge, there will be something left for me to decide as one of a five-judge panel of the Court.  That being so, I will say as little as possible to avoid the risk of pre-judging or prejudicing anything that remains to be decided by the five-judge panel.  So I confine myself to saying that I thank counsel for their submissions and that I am of the view that the Registrar has made a proper direction which I do not propose to disturb.  Accordingly I dismiss the motion.  What about the costs of this motion? 

[Ms Chow asked for costs and Mr Bartlett did not resist costs.]

2.Costs not being resisted, the motion is dismissed with costs.     

  (Kemal Bokhary)
Permanent Judge

Mr Jeremy Bartlett (instructed by Messrs Allen & Overy) for the appellant

Ms Grace Chow (instructed by Messrs Mallesons Stephen Jaques) for the respondents