Read the full judgment text of CACV 10/2010 on BabelCite. This Court of Appeal judgment was delivered on 2 March 2011 before Hon Le Pichon JA, Stone and Bharwaney JJ.
Civil procedure – leave to appeal – Court of Final Appeal – as of right – liquidated claim – guarantee – nature of guarantee – damages – 'or otherwise' ground – extension of time – retrial – costs – No order as to costs – Telings International Hong Kong Ltd v John Ho and Others – CACV 10/2010 – 2 March 2011 – Court of Appeal – Le Pichon JA, Stone J, Bharwaney J – Plaintiff applied for leave to appeal from Court of Appeal judgment allowing defendants' appeal and ordering retrial – Whether claim against guarantors was liquidated claim giving appeal as of right – Held: guarantee was of second type (damages), not liquidated – 'Or otherwise' ground abandoned and no basis – Defendants' application for extension of time out of time – Reason for delay insufficient – No question of great general importance – Applications refused – No order as to costs.
Legal issues: Nature of guarantee: liquidated claim vs damages · Leave under 'or otherwise' ground · Extension of time for defendants' appeal
Outcome: Plaintiff's application for leave to appeal refused; defendants' application for extension of time refused.
Cited by 32 cases