Z v. X

FAMV No. 14 of 2013

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 14 OF 2013 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NOS. 166, 251 & 252 OF 2011)

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BETWEEN

	Z	Petitioner (1st Respondent)
	and
	X	Respondent (Applicant)
	and
	C	Intervening Party (2nd Respondent)

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Appeal Committee :

Mr Justice Chan PJ, Mr Justice Tang PJ and Mr Justice Bokhary NPJ

Date of Hearing : 27 September 2013

Date of Determination : 27 September 2013

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D E T E R M I N A T I O N

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Mr Justice Chan PJ :

1.  We are not prepared to grant the husband leave to appeal on the “point of law” basis.  The matter raised by the proposed questions are fact specific and we do not think that the points put forward really arise.  Mr Coleman SC for the husband submits that the effect of the Court of Appeal’s judgment is that there cannot be unilateral assets in the case of a long marriage.  We do not believe that was the decision of the Court of Appeal.

2.  That leaves the issue of the ownership of the shares in NUIGL.  It is unnecessary to decide whether leave to appeal on that issue is available to the husband as of right.  We think he should be given leave to appeal on that issue on the “or otherwise” basis.  This is necessary to avoid the possibility of inconsistency, the intervener having been given leave to appeal on that issue.

3.  The husband is therefore given leave to appeal on that issue and to pursue such consequential changes to the overall result as success on that issue may entail.

4.  There will be a stay of execution to the extent of $143.5m.

(Patrick Chan) Permanent Judge

(Robert Tang) Permanent Judge

(Kemal Bokhary) Non-Permanent Judge

Mr Russell Coleman SC and Mr Robin Egerton instructed by Mayer Brown JSM for the Applicant

Mr Charles Sussex SC, Mr Neal Clough and Mr Timothy Parker instructed by King & Company for the 1^st Respondent