EMINENT INVESTMENTS (ASIA PACIFIC) LTD v. DIO CORPORATION
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FAMV No. 330 of 2019
[2020] HKCFA 7
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 330 OF 2019 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACV NO. 207 OF 2016)
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| BETWEEN | ||
| EMINENT INVESTMENTS (ASIA PACIFIC) LIMITED | Plaintiff (Applicant) | |
| and | ||
| DIO CORPORATION | Defendant (Respondent) |
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Appeal Committee: Mr Justice Fok PJ, Mr Justice Cheung PJ and Mr Justice Bokhary NPJ
Date of Hearing and Determination: 17 March 2020
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DETERMINATION
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The Appeal Committee:
1. We grant leave to appeal on the following question of law:
What is the correct approach of the court to the construction of contractual terms governing post-termination payments to advisors or agents and the implication of terms into contracts governing such payments?
2. For the avoidance of doubt, we do not grant leave on the "or otherwise" basis.
3. The appeal will be heard on 13 October 2020.
| (Joseph Fok) | (Andrew Cheung) | (Kemal Bokhary) |
| Permanent Judge | Permanent Judge | Non-Permanent Judge |
Mr Wong Yan Lung SC and Mr Jenkin Suen SC, instructed by Tang & So, for the Plaintiff (Applicant)
Mr Charles Sussex SC and Mr Richard Zimmern, instructed by DLA Piper Hong Kong, for the Defendant (Respondent)