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FAMV No. 18 of 2007
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 18 OF 2007 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 44 OF 2006)
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Between:
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KENSLAND REALTY LIMITED
(IN COMPULSORY LIQUIDATION)
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Applicant |
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- and - |
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TAI TANG & CHONG |
Respondent |
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Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ
Date of Hearing: 20 April 2007
Date of Determination: 20 April 2007
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D E T E R M I N A T I O N
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Mr Justice Bokhary PJ :
1. We grant leave to appeal on the question whether the plaintiff’s action is statute–barred by virtue of the Limitation Ordinance, Cap 347, and in particular, on the question regarding the requirements to be satisfied for establishing whether and if so, when, the plaintiff had knowledge that it had suffered loss, and that such loss was attributable in whole or in part to the acts or omissions alleged to constitute negligence on the part of the defendants for the purposes of section 31 of the Ordinance, in circumstances where the negligence is alleged to consist of negligent advice in a conveyancing. transaction which subsequently led, by a judicial process culminating in an appeal to the Court of Final Appeal, to a determination of liability on the plaintiff’s part in respect of that transaction.
2. Although the context is a striking out, the parties should, by their printed cases and oral arguments, assist the Court in arriving at a final determination of the relevant questions of law rather than a view merely as to whether or not they are reasonably arguable.
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(Kemal Bokhary)
Permanent Judge
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(Patrick Chan)
Permanent Judge
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(RAV Ribeiro)
Permanent Judge
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Mr John Scott SC (instructed by Messrs Jonathan Rostron) for the applicant
Mr Charles Sussex SC (instructed by Messrs Richards Butler) for the respondent
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