Read the full judgment text of CACV 1476/2001 on BabelCite. This Court of Appeal judgment was delivered on 9 April 2003 before Rogers VP, Le Pichon JA, Yuen JA.
Civil procedure – leave to appeal to Court of Final Appeal – security for costs – extension of time for amendment of pleading – stay of execution pending appeal – Money Lenders Ordinance (Cap 163) – whether time to amend should be extended to enable exercise of discretion under s.18(3) – agreements unenforceable for non-compliance with s.18 – 2nd plaintiff is a registered money lender – 1st plaintiff improperly joined as party with no claim – agreements unenforceable for non-compliance with s.18(2)(d) and (i) and s.22(1)(c) of the Ordinance – failure to comply with Order 83A of the Rules of the High Court – application for amendment to comply with Order 83A previously refused on 25 October 2002 – whether new arguments on appeal to CFA would make amendment unnecessary – court unimpressed by proposed new arguments – 2nd plaintiff would need to seek exercise of discretion under s.18(3) and s.22(2) – amendments likely to be heavily contested and would require evidence – appropriate to remit matters to Court of First Instance – difficulties of 2nd plaintiff's own making – no pleading as to 2nd plaintiff being a money lender – 1st plaintiff conceded to have no claim in either action – time extended to 14 days from hearing (i.e., up to 23 April 2003) – whether execution should be stayed pending CFA appeal – Hubbard ceased business and disposed of stock and four premises in September 1999 – 2nd defendant said to have emigrated to Canada with no fixed address – no allegation of impecuniosity – no evidence as to whether property sales were at appropriate value – 2nd defendant provided undertaking to file affidavit of residential addresses – court satisfied with security position – stay refused – security for costs ordered at $400,000 – case relied on by 2nd plaintiff: Whale View Investment Ltd v Kensland Realty Ltd & Ors [2001] 3 HKC 15 – leave to appeal granted as of right under s.22(1)(a) of the Court of Final Appeal Ordinance.
Legal issues: Extension of time for application to amend statement of claim · Stay of execution pending appeal to Court of Final Appeal
Outcome: Leave to appeal to Court of Final Appeal granted; security for costs ordered at HK$400,000; time to apply to amend the statement of claim extended to 14 days from the date of the hearing; application for stay of execution refused
Cited by 3 cases · Cites 2 cases