STANDARD CHARTERED BANK v. TANG CHUN AND ANOTHER

CACV 314/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 314 OF 1999

(ON APPEAL FROM HCMP 3289/1998)

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J U D G M E N T

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Hon Godfrey VP :

1. We have reached a conclusion as to how to dispose of this appeal. We think it desirable to say as little as possible about the facts of the case. Suffice it to say that it appears from the material presented to us upon this appeal that there remain issues of fact in this case which have not yet been decided and which ought to be tried if justice is to be done. In the circumstances, we will make an order setting aside the judgment of the judge below, and we will order, pursuant to the provisions of Order 28 rule 8 of the Rules of the High Court, that these proceedings (begun by originating summons) should continue as if begun by writ. There will have to be pleadings, the object of which, in this case as in all others, will be accurately to define the issues which have to be tried. No "supplementary list of issues" will be needed.

2. We will now give directions as to the further prosecution of the action (such as time for pleadings and so forth) which we will remit for trial, before a different judge, in the Court of First Instance. We will order that the costs of this appeal, and the costs incurred below, be costs in the action.