Case Details

Citation

CHINA INSURANCE CO LTD v. MALAYAN BANKING BERHAD, FAMV 31/2003

Case Number

FAMV 31/2003

Court

Court of Final Appeal

(CFA)

Decision Date

15 January 2004

Parties

Applicant(s):

CHINA INSURANCE COMPANY LIMITED

Respondent(s):

MALAYAN BANKING BERHAD (as agent for and on behalf of the syndicate of banks comprising Malayan Banking Berhad, Overseas Union Bank Limited and Overseas-Chinese Banking Corporation Limited)

For Applicant(s):

Mr Simon Westbrook SC (instructed by Messrs Masons)

For Respondent(s):

Mr Ronny Tong SC and Mr Bernard Man (instructed by Messrs Simmons & Simmons)

CHINA INSURANCE CO LTD v. MALAYAN BANKING BERHAD

FAMV 31/2003

Court of Final Appeal15 January 2004

FAMV000031/2003 CHINA INSURANCE CO LTD v. MALAYAN BANKING BERHAD

FAMV000031/2003

FAMV No. 31 of 2003

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 31 OF 2003 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NO. 424 OF 2002)

_____________________

Between:
	CHINA INSURANCE COMPANY LIMITED	Applicant

	AND

	MALAYAN BANKING BERHAD (as agent for and on behalf of the syndicate of banks comprising Malayan Banking Berhad, Overseas Union Bank Limited and Overseas-Chinese Banking Corporation Limited)	Respondent

_____________________

Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing: 15 January 2004

Date of Determination: 15 January 2004

__________________________

DETERMINATION

__________________________

Mr Justice Bokhary PJ:

1. The pleadings could be clearer, but are not fatally unclear. There may well be important points of law involved in this case, but none which are so clear as to support the striking out now sought in advance of a trial of the material facts. Leave to appeal is refused.

Mr Ronny Tong SC

2. I ask for costs, my Lord.

Mr Justice Bokhary PJ:

3. Can you resist that, Mr Westbrook?

Mr Simon Westbrook SC?

4. No, my Lord.

Mr Justice Bokhary PJ:

5. With costs. Thank you, gentlemen.

(Kemal Bokhary)	(Patrick Chan)	(R.A.V. Ribeiro)
Permanent Judge	Permanent Judge	Permanent Judge

Representation:

Mr Simon Westbrook SC (instructed by Messrs Masons) for the applicant

Mr Ronny Tong SC and Mr Bernard Man (instructed by Messrs Simmons & Simmons) for the respondent

Citation

Court

Procedural posture

Issues

Holdings

Legal principles

Disposition

Appeal history

MALAYA BANKING BERHAD v. CHINA INSURANCE CO. LTD.
CFI · 10 Sept 2002
On appeal from
MALAYAN BANKING BERHAD v. CHINA INSURANCE CO LTD
CA · 10 Jun 2003
On appeal from
MALAYAN BANKING BERHAD v. CHINA INSURANCE CO LTD
CA · 12 Nov 2003
On appeal from
CHINA INSURANCE CO LTD v. MALAYAN BANKING BERHAD
CFA · 15 Jan 2004
This judgment