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CAMP 85/2022 & CACV 454/2022
[2023] HKCA 497
CAMP 85/2022
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
MISCELLANEOUS PROCEEDINGS NO 85 OF 2022
(ON AN INTENDED APPEAL FROM HCA NO 2988 OF 2018)
________________________
BETWEEN
| |
HALLER AG |
1st Plaintiff |
| |
DFT DEUTSCHE FINETRADING AG |
2nd Plaintiff |
| |
and |
|
| |
VESTEY INTERNATIONAL GROUP LIMITED |
1st Defendant |
| |
CHINA MEHECO CORPORATION |
2nd Defendant |
| |
BANK OF CHINA LIMITED |
3rd Defendant (Discontinued) |
________________________
CACV 454/2022
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO 454 OF 2022
(ON APPEAL FROM HCA NO 2988 OF 2018)
________________________
BETWEEN
| |
HALLER AG |
1st Plaintiff |
| |
DFT DEUTSCHE FINETRADING AG |
2nd Plaintiff |
| |
and |
|
| |
VESTEY INTERNATIONAL GROUP LIMITED |
1st Defendant |
| |
CHINA MEHECO CORPORATION |
2nd Defendant |
| |
BANK OF CHINA LIMITED |
3rd Defendant |
________________________
(Heard together)
| Before: |
Hon Chu VP and G Lam JA in Court |
| Date of Written Submissions: |
17, 24 February and 1, 2, 22 and 27 March 2023 |
| Date of Decision: |
31 March 2023 |
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DECISION
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Hon G Lam JA (giving the Decision of the Court):
1. By summons dated 13 January 2023, the plaintiffs applied for a stay of execution of G Lam JA’s order dated 6 December 2022 directing summary assessment of the costs awarded to the 2nd defendant in this Court’s judgment dated 21 November 2022 ([2022] HKCA 1743), pending determination of the plaintiffs’ application to this Court by notice of motion dated 16 December 2022 for leave to appeal to the Court of Final Appeal.
2. Summary assessment was subsequently limited, by further directions, to the costs incurred in the Court of Appeal (which were summarily assessed in our decision issued on 3 March 2023: [2023] HKCA 274).
3. On 20 February 2023, this Court dismissed the plaintiff’s application for leave to appeal ([2023] HKCA 213). By letter dated 1 March 2023, the plaintiffs accepted that their stay application in the summons had fallen away, but they sought an order for an interim stay for 28 days, for them to consider applying to the Appeal Committee of the Court of Final Appeal for leave to appeal.
4. The plaintiffs did not make a further application to the Appeal Committee for leave to appeal on or before 20 March 2023, i.e. 28 days after this Court’s refusal of leave to appeal, as prescribed by section 24(4) of the Hong Kong Court of Final Appeal Ordinance (Cap 484), and have since confirmed that they have decided not to proceed with any further application for leave to appeal.
5. In these circumstances, the plaintiffs’ summons for stay of execution dated 13 January 2023 and their application by letter dated 1 March 2023 for an interim stay of execution both fall to be dismissed with costs.
6. On a nisi basis, we order the plaintiffs to pay the 2nd defendant’s costs, summarily assessed in the total sum of $58,300.
| (Carlye Chu) |
(Godfrey Lam) |
| Vice President |
Justice of Appeal |
Messrs. Lau, Horton & Wise LLP, for the Plaintiffs (Respondents)
Messrs. DLA Piper Hong Kong, for the 2nd Defendant (Appellant)
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