FALCON PRIVATE BANK LTD v. BORRY BERNARD EDOUARD CHARLES LTD AND ANOTHER

FAMV No 49 of 2013

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO 49 OF 2013(CIVIL)

(ON APPEAL FROM CACV NO 42 OF 2013)

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REASONS FOR DECISION

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Mr Justice Tang PJ:

1.  The plaintiff has applied for leave to appeal from the judgment of the Court of Appeal given on 10 September 2013, whereby it remitted the Discharge and Strike-out Summonses to be heard by a judge of the CFI (“The Order”). 

2.  No hearing date for the application for leave has been fixed because of commitments of counsel.  Meanwhile, the Discharge and Strike-out Summonses have been fixed for hearing before Recorder Houghton on 21-23 January 2014.

3.  The plaintiff now applies for a stay of the Order pending the hearing of its application for leave.  The plaintiff submitted that the costs of the hearing before Recorder Houghton and any proceedings subsequent to it may be wasted if leave to appeal is granted and the plaintiff’s appeal succeeds.  This is not time for a thorough analyses of the likelihood of the plaintiff succeeding eventually.  It is sufficient to say that the prospects of any appeal against a finding that a judge ought to have recused himself for apparent bias are unlikely to be overwhelming.

4.  In the circumstances, I would not grant a stay.