Wang Ruiyun v. Gem Global Yield Fund Ltd

FAMV No. 42 of 2011

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO.42 OF 2011 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NO. 147 OF 2010)

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Between

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DETERMINATION

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Mr Justice Ribeiro PJ :

1.We consider that the question whether the Court of Appeal’s approach to the existence of an available market was correct is a point of sufficient importance to merit consideration by the Court.  We do not consider the procedural objection an impediment.  We therefore grant leave to appeal but on condition that the applicant pay forthwith to the respondent the costs of the assessment and in the Court of Appeal as ordered below, to be taxed if not agreed.

Mr Simon Westbrook, SC & Mr Jose-Antonio Maurellet, instructed by Gall, for the Applicant

Mr Jeevan Hingorani, instructed by Alvan Liu & Partners, for the Respondent