Sun Legend Investments Ltd v. Ho Yuk Wah David and Others
Read the full judgment text of CACV 242/2009 on BabelCite. This Court of Appeal judgment was delivered on 19 November 2010.
1. On this application, this Court gives leave to appeal to the Court of Final Appeal under section 22(1)(a) of the Hong Kong Court of Final Appeal Ordinance, Cap. 494.
Cited by 3 cases · Cites 1 case
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CACV 242/2009 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL CIVIL APPEAL NO. 242 OF 2009 (ON APPEAL FROM HCA NOS. 1212 & 2915 OF 2002) ________________________ HCA 1212/2002 BETWEEN
Before: Hon Rogers VP, Le Pichon and Kwan JJA in Court Date of Hearing: 19 November 2010 Date of Judgment: 19 November 2010 ________________________
________________________ Hon Rogers VP: 1.On this application, this Court gives leave to appeal to the Court of Final Appeal under section 22(1)(a) of the Hong Kong Court of Final Appeal Ordinance, Cap. 494. 2.We order security for costs in respect of the 1st and 2nd Plaintiffs by counterclaim. That will be in the sum of $400,000 each, which is the normal amount. 3.An application has been made for stay of this Court’s judgment. This Court does not consider it appropriate to grant a stay. 4.The primary basis upon which that application was made was on the basis that this Court should have given judgment in favour of the 1st, 2nd and 4th Plaintiffs on a different footing, but that matter was not argued before this Court. Although Mr Wong has valiantly tried to argue that it was contained in the skeleton argument, in our view, it was not. The point that was argued before us today was a new point and it must be left to the Court of Final Appeal to decide whether they are prepared to entertain an argument that was not put before this Court.
Mr Jason Pow SC and Mr Samuel Wong, instructed by Messrs Li, Wong, Lam & W I Cheung, for the Plaintiff (by Original Action) and the 1st Defendant (by Counterclaim) in HCA1212/2002 and the 1st and 2nd Plaintiffs (by Original Action) and the 1st and 2nd Defendants (by Counterclaim) in HCA2915/2002/Respondents Mr Ronny Wong SC and Mr Patrick Szeto, instructed by Messrs Wilkinson & Grist, for the 1st, 2nd and 4th Defendants (by Original Action) and the 1st, 2nd and 4th Plaintiffs (by Counterclaim)/Applicants Chan Man Ho Brian the 3rd Defendant (by Original Action) and the 3rd Plaintiff (by Counterclaim)/Applicant, in person | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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