SUN LEGEND INVESTMENTS LTD v. HO YUK WAH DAVID AND OTHERS

CACV 242/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 242 OF 2009

(ON APPEAL FROM HCA NOS. 1212 & 2915 OF 2002)

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HCA 1212/2002

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Hon Rogers VP:

1.  On this application, this Court gives leave to appeal to the Court of Final Appeal under section 22(1)(a) of the Hong Kong Court of Final Appeal Ordinance, Cap. 494.

2.  We order security for costs in respect of the 1st and 2nd Plaintiffs by counterclaim.  That will be in the sum of $400,000 each, which is the normal amount.

3.  An application has been made for stay of this Court’s judgment.  This Court does not consider it appropriate to grant a stay.  

4.  The primary basis upon which that application was made was on the basis that this Court should have given judgment in favour of the 1st, 2nd and 4th Plaintiffs on a different footing, but that matter was not argued before this Court.  Although Mr Wong has valiantly tried to argue that it was contained in the skeleton argument, in our view, it was not. The point that was argued before us today was a new point and it must be left to the Court of Final Appeal to decide whether they are prepared to entertain an argument that was not put before this Court.