Case Details

Citation

ESQUIRE (ELECTRONICS) LTD v. THE HONG KONG AND SHANGHAI BANKING CORPORATION LTD AND ANOTHER, FAMV 19/2007

Case Number

FAMV 19/2007

Court

Court of Final Appeal

(CFA)

Decision Date

1 June 2007

Parties

Applicant(s):

MAGIC SCORE LIMITED

Respondent(s):

Between: MAGIC SCORE LIMITED Plaintiff (Applicant) and THE HONG KONG AND SHANGHAI BANKING CORPORATION LIMITED, THE HONG KONG AND SHANGHAI BANKING CORPORATION LIMITED, WAYFOONG PROPERTY LIMITED (formerly known as HS PROPERTY MANAGEMENT LIMITED)

For Applicant(s):

Mr Martin Lee SC, Mr Paul Harris SC and Mr Newman Lam (instructed by Messrs Ho, Tse, Wai & Partners)

For Respondent(s):

Mr John Jarvis QC, Mr Joseph Fok SC and Mr Eugene Fung (instructed by Messrs Johnson Stokes & Master)

ESQUIRE (ELECTRONICS) LTD v. THE HONG KONG AND SHANGHAI BANKING CORPORATION LTD AND ANOTHER

FAMV 19/2007

Court of Final Appeal1 June 2007

FAMV000019/2007 ESQUIRE (ELECTRONICS) LTD v. THE HONG KONG AND SHANGHAI BANKING CORPORATION LTD AND ANOTHER

FAMV No. 19 of 2007

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 19 OF 2007 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 312 OF 2005)

_____________________

Between:

	ESQUIRE (ELECTRONICS) LIMITED	Plaintiff (Applicant)
	and
	THE HONG KONG AND SHANGHAI BANKING CORPORATION LIMITED	1st Defendant (Respondent)
	WAYFOONG PROPERTY LIMITED (formerly known as HS PROPERTY MANAGEMENT LIMITED)	2nd Defendant

_____________________

And Between:

	MAGIC SCORE LIMITED	Plaintiff (Applicant)
	and
	THE HONG KONG AND SHANGHAI BANKING CORPORATION LIMITED	1st Defendant (Respondent)
	WAYFOONG PROPERTY LIMITED (formerly known as HS PROPERTY MANAGEMENT LIMITED)	2nd Defendant

(by original writ and order to carry on)

_____________________

Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing: 1 June 2007

Date of Determination: 1 June 2007

______________________

D E T E R M I N A T I O N

______________________

Mr Justice Bokhary PJ :

1. Leave to appeal to the Court of Final Appeal is sought under – and solely under – the “or otherwise” limb of s.22(1)(b) of the Court’s statute. It is well established that the granting of leave under this limb is an exceptional course. Having considered the arguments put forward for the purpose of seeking leave to appeal, we see no reasonable prospect of the Court of Appeal’s judgment being reversed. Leave to appeal is refused accordingly.

2. [Without opposition, costs were awarded to the respondent.]

(Kemal Bokhary)
Permanent Judge

(Patrick Chan)
Permanent Judge

(RAV Ribeiro)
Permanent Judge

Mr Martin Lee SC, Mr Paul Harris SC and Mr Newman Lam (instructed by Messrs Ho, Tse, Wai & Partners) for the applicant

Mr John Jarvis QC, Mr Joseph Fok SC and Mr Eugene Fung (instructed by Messrs Johnson Stokes & Master) for the respondent

Citation

Court

Procedural posture

Issues

Holdings

Legal principles

Disposition

Appeal history

ESQUIRE (ELECTRONICS) LTD. v. THE HONG KONG AND SHANGHAI AND ANOTHER
CFI · 6 May 2002
On appeal from
ESQUIRE (ELECTRONICS) LTD v. THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD AND ANOTHER
CA · 14 Jul 2006
On appeal from
ESQUIRE (ELECTRONICS) LTD v. THE HONG KONG AND SHANGHAI BANKING CORPORATION LTD AND ANOTHER
CA · 13 Sept 2006
On appeal from
ESQUIRE (ELECTRONICS) LTD v. THE HONG KONG AND SHANGHAI BANKING CORPORATION LTD AND ANOTHER
CA · 2 Mar 2007
On appeal from
ESQUIRE (ELECTRONICS) LTD v. THE HONG KONG AND SHANGHAI BANKING CORPORATION LTD AND ANOTHER
CFA · 1 Jun 2007
This judgment