Creditor Co Ltd v. Finamur and Others

Case No.FAMV 27/2010

Court

Court of Final Appeal

Date02 Nov 2010

JudgeMr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ

Case Document

100%

FAMV No. 27 of 2010

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 27 OF 2010 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NO. 353 OF 2008)

_____________________

Between:

	CREDITOR CO. LIMITED	Applicant
	- and -
	FINAMUR OSEO FINANCEMENT NATEXIS BAIL	1st Respondent 2nd Respondent 3rd Respondent

_____________________

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

Date of Hearing: 2 November 2010

Date of Determination: 2 November 2010

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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 :

1.Despite the skill and thoroughness with which the applicant’s arguments have been put forward, both in writing and orally, we consider it clear beyond reasonable argument to the contrary that this matter has been correctly decided by the courts below. Leave to appeal is therefore refused.

[Application for costs by the respondents which the applicant did not oppose]

2.It is refused with costs.

(Kemal Bokhary)	(Patrick Chan)	(RAV Ribeiro)
Permanent Judge	Permanent Judge	Permanent Judge

Mr Chua Guan Hock SC and Mr Hew Yang Wahn (instructed by Messrs Allen & Overy) for the applicant

Mr Charles Manzoni and Mr Jose Maurellet (instructed by Messrs Deacons) for the 1st and 3rd respondents

Mr Alfred HH Chan (instructed by Messrs Mayer Brown JSM) for the 2nd respondent