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CACV 26/2006
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO. 26 OF 2006
(ON APPEAL FROM HCA NO. 3156 OF 2002)
BETWEEN
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BANK OF CHINA (HONG KONG) LIMITED |
Plaintiff |
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and |
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CHAN YEUK WAI |
1st Defendant |
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CHAN YEUK PUN |
2nd Defendant |
AND BETWEEN
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UMBRELLA FINANCE COMPANY LIMITED |
Plaintiff |
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and |
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CHAN YEUK WAI |
1st Defendant |
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CHAN YEUK PUN |
2nd Defendant |
(By original writ and order to carry on)
Before : Hon Cheung JA, Yuen JA and Stone J in Court
Date of Hearing : 8 February 2007
Date of Decision : 8 February 2007
Date of Reasons for Decision : 1 March 2007
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Reasons for Decision
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Hon Cheung JA :
1. We granted leave to the defendants to appeal to the Court of Final Appeal pursuant to section 22(1)(a) of the Court of Final Appeal Ordinance.
2. We refused the 2nd defendant’s application for stay of execution of the judgment (which was the relief ultimately sought by the 2nd defendant) because we are not satisfied that he has a real prospect of success at the appeal.
3. As to the risk of the 2nd defendant facing a bankruptcy order and thereby losing his employment, we consider that the appropriate forum to deal with this issue is the bankruptcy court.
Hon Yuen JA :
4. I agree.
Hon Stone J :
5. I agree.
(Peter Cheung)
Justice of Appeal |
(Maria Yuen)
Justice of Appeal |
(William Stone)
Judge of the Court of First Instance |
Ms Roxanne Ismail, instructed by Messrs Clifford Chance, for the Plaintiffs
Mr. Jeremy Cheung, instructed by Messrs Johnny K. K. Leung & Co., for the 1st Defendant
Mr. Simon Yip, instructed by Messrs Lau, Kwong & Hung, for the 2nd Defendant
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