ESQUIRE (ELECTRONICS) LTD v. THE HONG KONG AND SHANGHAI BANKING CORPORATION LTD AND ANOTHER
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FAMV No. 19 of 2007
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 19 OF 2007 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 312 OF 2005)
_____________________
Between:
| ESQUIRE (ELECTRONICS) LIMITED | Plaintiff (Applicant) | |
| and | ||
| THE HONG KONG AND SHANGHAI BANKING CORPORATION LIMITED | 1st Defendant (Respondent) | |
| WAYFOONG PROPERTY LIMITED (formerly known as HS PROPERTY MANAGEMENT LIMITED) | 2nd Defendant |
_____________________
And Between:
| MAGIC SCORE LIMITED | Plaintiff | |
| and | ||
| THE HONG KONG AND SHANGHAI | 1st Defendant | |
| WAYFOONG PROPERTY LIMITED (formerly known as HS | 2nd Defendant |
(by original writ and order to carry on)
_____________________
Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ
Date of Hearing: 1 June 2007
Date of Determination: 1 June 2007
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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. Leave to appeal to the Court of Final Appeal is sought under – and solely under – the “or otherwise” limb of s.22(1)(b) of the Court’s statute. It is well established that the granting of leave under this limb is an exceptional course. Having considered the arguments put forward for the purpose of seeking leave to appeal, we see no reasonable prospect of the Court of Appeal’s judgment being reversed. Leave to appeal is refused accordingly.
2. [Without opposition, costs were awarded to the respondent.]
| (Kemal Bokhary) Permanent Judge | (Patrick Chan) Permanent Judge | (RAV Ribeiro) Permanent Judge |
Mr Martin Lee SC, Mr Paul Harris SC and Mr Newman Lam (instructed by Messrs Ho, Tse, Wai & Partners) for the applicant
Mr John Jarvis QC, Mr Joseph Fok SC and Mr Eugene Fung (instructed by Messrs Johnson Stokes & Master) for the respondent