Tang Kap Wing Tso v. Tang Leuk Tso and Another

HCMP 1639/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 1639 OF 2010

(ON AN INTENDED APPEAL FROM HCA NO. 1944 OF 2007)

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BETWEEN

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Before : Hon Cheung JA in Chambers

Date of Hearing : 16 September 2010

Date of Decision : 16 September 2010

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D E C I S I O N

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Hon Cheung JA (giving decision of the court) :

1.This is the plaintiff’s application for extension of time to appeal.  The 1^st defendant who is represented by Mr. Lai, is taking a neutral stand both in terms of the delay and merits.

2.Bearing in mind the delay is only 8 days and the plaintiff has satisfied the reasonable prospect of success threshold on the questions whether the 2^nd defendant entered into the 2003 deed in his own capacity and also on behalf of Liu Chuen Mui as managers of Tang Kap Wing Tso and the sole effect of deed was to replace the 2^nd defendant by Tang Sum On as one of the beneficiaries of the Tso, I will grant the plaintiff extension of time to appeal.

Mr. Sammy Hui, instructed by Messrs Leung Kin & Co., for the Plaintiff

Mr. Thomas Lai, instructed by Messrs Hastings & Co., for the 1^st Defendant

2^nd Defendant, in person, absent