SUEN SHU TAI v. TAM FUNG TAI

CACV 187/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 187 OF 2013

(ON APPEAL FROM HCA NO. 1466 OF 2010)

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D E C I S I O N

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Hon Cheung JA (giving Decision of the Court) :

1.  The defendant seeks leave to appeal to the Court of Final Appeal against our judgment of 4 July 2014. With the consent of the parties, we will deal with the application on paper.

2.  Although the defendant does not state the basis of the application, the plaintiff accepts that the application comes within the ‘as of right’ provision under the second limb of section 22(1)(a) of the Court of Final Appeal Ordinance (Cap 484), namely, the appeal involves, directly or indirectly some claim or question to or respecting property amounting to or of the value of $1 million or more.  The subject matter of the appeal concerns the ownership of two properties.  The value of the properties can be seen from their sales value of over $2.9 million.  We agree and will grant leave.

3.  The plaintiff asks for conditions to be imposed.  The current practice is for the imposition of conditions to be decided by the Court of Final Appeal.  Accordingly the plaintiff is required to apply within 14 days to the Court of Final Appeal for setting the conditions on leave and further directions as to the prosecution of the appeal.

4.  Costs of the application be in the cause of the appeal.