Case Details

Citation

GOLDLION PROPERTIES LTD AND OTHERS v. REGENT NATIONAL ENTERPRISES LTD, FACV 10B/2008

Case Number

FACV 10B/2008

Court

Court of Final Appeal

(CFA)

Decision Date

23 October 2009

Parties

Applicant(s):

GOLDLION PROPERTIES LIMITED, KIMBERLEY HOTEL LIMITED(formerly known as SOMAX LIMITED), KIMBERLEY HOTEL MANAGEMENT SERVICES LIMITED, KIMBERLEY SPA CONCEPT LIMITED

Respondent(s):

REGENT NATIONAL ENTERPRISES LIMITED, RAIFFEISEN ZENTRALBANK OSTERREICH AG

For Applicant(s):

Mr Jeremy Bartlett (instructed by Messrs Allen & Overy)

For Respondent(s):

Ms Grace Chow (instructed by Messrs Mallesons Stephen Jaques)

GOLDLION PROPERTIES LTD AND OTHERS v. REGENT NATIONAL ENTERPRISES LTD

FACV 10B/2008

Court of Final Appeal23 October 2009

FACV000010B/2008 GOLDLION PROPERTIES LTD AND OTHERS v. REGENT NATIONAL ENTERPRISES LTD

FACV No. 10 of 2008

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

FINAL APPEAL NO. 10 OF 2008 (CIVIL)

(ON APPEAL FROM CACV NO. 23 OF 2007)

----------------------

BETWEEN
	GOLDLION PROPERTIES LIMITED	1^st Plaintiff (1^st Respondent)
	KIMBERLEY HOTEL LIMITED(formerly known as SOMAX LIMITED)	2^nd Plaintiff (2^nd Respondent)
	KIMBERLEY HOTEL MANAGEMENT SERVICES LIMITED	3^rd Plaintiff (3^rd Respondent)
	KIMBERLEY SPA CONCEPT LIMITED	4^th Plaintiff (4^th Respondent)
	and
	REGENT NATIONAL ENTERPRISES LIMITED	Defendant (Appellant)
	and
	RAIFFEISEN ZENTRALBANK OSTERREICH AG	Intervener

----------------------

Court : Mr Justice Bokhary PJ in Chambers

Date of Hearing : 23 October 2009

Date of Ruling : 23 October 2009

----------------------

R U L I N G

----------------------

Mr Justice Bokhary PJ :

1. In whatever way I decide this motion as a single permanent judge, there will be something left for me to decide as one of a five-judge panel of the Court. That being so, I will say as little as possible to avoid the risk of pre-judging or prejudicing anything that remains to be decided by the five-judge panel. So I confine myself to saying that I thank counsel for their submissions and that I am of the view that the Registrar has made a proper direction which I do not propose to disturb. Accordingly I dismiss the motion. What about the costs of this motion?

[Ms Chow asked for costs and Mr Bartlett did not resist costs.]

2. Costs not being resisted, the motion is dismissed with costs.

(Kemal Bokhary)
Permanent Judge

Mr Jeremy Bartlett (instructed by Messrs Allen & Overy) for the appellant

Ms Grace Chow (instructed by Messrs Mallesons Stephen Jaques) for the respondents

Citation

Court

Procedural posture

Issues

Holdings

Legal principles

Disposition

Appeal history

GOLDLION PROPERTIES LTD AND ANOTHER v. REGENT NATIONAL ENTERPRISES LTD
CFI · 7 Dec 2004
On appeal from
GOLDLION PROPERTIES LTD AND OTHERS v. REGENT NATIONAL ENTERPRISES LTD
CA · 24 Nov 2005
On appeal from
GOLDLION PROPERTIES LTD AND OTHERS v. REGENT NATIONAL ENTERPRISES LTD
CA · 13 Mar 2008
On appeal from
GOLDLION PROPERTIES LTD AND OTHERS v. REGENT NATIONAL ENTERPRISES LTD
CFA · 25 Jun 2009
On appeal from
REGENT NATIONAL ENTERPRISES LTD v. GOLDLION PROPERTIES LTD AND OTHERS
CFA · 14 Sept 2009
On appeal from
GOLDLION PROPERTIES LTD AND OTHERS v. REGENT NATIONAL ENTERPRISES LTD
CFA · 23 Oct 2009
This judgment