TAM SHUK YIN ANNY v. CHOI KWOK CHAN AND OTHERS
HTML content
FAMV No. 51 of 2009
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 51 OF 2009 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACV NO. 105 OF 2008)
----------------------
| Between | ||
| TAM SHUK YIN ANNY | Petitioner (Respondent) | |
| and | ||
| CHOI KWOK CHAN | 1stRespondent (1st Applicant) | |
| FUNG LAI MEI BETTY | 2ndRespondent (2nd Applicant) | |
| ACTIVE TEAM INTERNATIONAL LIMITED | 3rdRespondent | |
| ADVANCE WISE DEVELOPMENT LIMITED | 4thRespondent | |
| WISE APEX ENTERPRISES LIMITED | 5thRespondent | |
| RICHMOND PROPERTIES AND TRADING COMPANY LIMITED | 6thRespondent |
----------------------
Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ
Date of Hearing: 26 February 2010
Date of Determination: 26 February 2010
---------------------------------------
D E T E R M I N A T I O N
----------------------------------------
Mr Justice Chan PJ:
1. The matter in dispute is the order of the Judge awarding interest on the Petitioner’s share of the net proceeds of sale of 2 properties owned by a company called “Richmond” which was in turn jointly owned by the parties. The Judge’s order was, on appeal, varied by the Court of Appeal. The amount involved is said to be at least $26 million.
2. It is conceded, quite rightly in our view, that the appeal is plainly not as of right and no argument has been presented on this limb.
3. We are satisfied that it is quite arguable that there is no sound or legitimate basis for the award of interest, either as ordered by the Judge or as re-formulated or adjusted by the Court of Appeal and that it would be wrong to allow the award to stand. In these circumstances, which we think are rather exceptional, we would grant leave to appeal on the “or otherwise” limb under s.22(1)(b).
| (Kemal Bokhary) | (Patrick Chan) | (R A V Ribeiro) |
| Permanent Judge | Permanent Judge | Permanent Judge |
Mr Edward Chan, SC, Mr Dennis Law & Mr Lawrence Cheung (instructed by Messrs Howell & Co) for the applicants
Mr Anthony Neoh, SC and Mr Jeremy Bartlett (instructed by Messrs J. Chan, Yip, So & Partners) for the Respondent