Case Details

Citation

TWINKLE STEP INVESTMENT LTD. v. SMART INTERNATIONAL INDUSTRIAL LTD., FACV 4A/1999

Case Number

FACV 4A/1999

Court

Court of Final Appeal

(CFA)

Decision Date

10 December 1999

Parties

Applicant(s):

TWINKLE STEP INVESTMENT LIMITED

Respondent(s):

SMART INTERNATIONAL INDUSTRIAL LIMITED

For Applicant(s):

Mr Denis Chang SC and Mr Louis Chan (instructed by Messrs K C Ho & Fong)

For Respondent(s):

Mr Benjamin Chain (instructed by Messrs King & Co.)

TWINKLE STEP INVESTMENT LTD. v. SMART INTERNATIONAL INDUSTRIAL LTD.

FACV 4A/1999

Court of Final Appeal10 December 1999

FACV000004A/1999 TWINKLE STEP INVESTMENT LTD. v. SMART INTERNATIONAL INDUSTRIAL LTD.

FACV000004A/1999

FACV No. 4 of 1999

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

FINAL APPEAL NO. 4 OF 1999 (CIVIL)

(ON APPEAL FROM CACV No. 201 OF 1998)

_____________________

Between:
	TWINKLE STEP INVESTMENT LIMITED	Appellant (Defendant)

	AND

	SMART INTERNATIONAL INDUSTRIAL LIMITED	Respondent (Plaintiff)

_____________________

Court:

Chief Justice Li, Mr Justice Litton PJ, Mr Justice Ching PJ, Mr Justice Bokhary PJ and Sir Anthony Mason NPJ

Date of Judgment: 10 December 1999

_____________________

J U D G M E N T
(on further orders)

_____________________

Chief Justice Li :

1. After the judgment on 3 November 1999, the parties have made written representations on the further orders that should be made following dismissal of the appeal with costs.

2. Having considered those representations, the Court makes the orders set out below. We note that the orders in paras 1, 2 and 3 were not disputed. That in para. 4 was.

1. That a sum of HK$2,814,000 together with interest thereon from 12 September 1997 be paid out to the Plaintiff's solicitors from the money paid into Court by the Defendant on 5 March 1999.

2. That the balance of the money paid into Court by the Defendant together with interest thereon be continued to be kept in Court pending the outcome of assessment of the Plaintiff's damages.

3. That the assessment of damages suffered by the Plaintiff (if any) be remitted to the Court of First Instance to be heard by a judge and for that purpose liberty be granted to the parties to apply to the Court of First Instance.

4. That the sum of HK$400,000 paid into Court by the appellant (defendant) as security for costs to be paid out to the respondent (plaintiff) towards the costs of the respondent (plaintiff) upon an undertaking of the solicitors for the respondent (plaintiff) to repay to the solicitors of the appellant (defendant) such amount of such sum, if any, as may exceed the sum found to be payable to the respondent (plaintiff) upon taxation of costs.

(Andrew Li)	(Henry Litton)	(Charles Ching)
Chief Justice	Permanent Judge	Permanent Judge

(Kemal Bokhary)	(Sir Anthony Mason)
Permanent Judge	Non-Permanent Judge

Representation:

Mr Denis Chang SC and Mr Louis Chan (instructed by Messrs K C Ho & Fong) for the Appellant

Mr Benjamin Chain (instructed by Messrs King & Co.) for the Respondent

Citation

Court

Procedural posture

Issues

Holdings

Legal principles

Disposition

Key citations

Appeal history

XCHRX SMART INTERNATIONAL INDUSTRIAL LTD. v. TWINKLE STEP INVESTMENT LTD.
CFI · 6 Aug 1998
On appeal from
SMART INTERNATIONAL INDUSTRIAL LTD. v. TWINKLE STEP INVESTMENT LTD.
CA · 8 Dec 1998
On appeal from
TWINKLE STEP INVESTMENT LTD. v. SMART INTERNATIONAL INDUSTRIAL LTD.
CFA · 3 Nov 1999
On appeal from
TWINKLE STEP INVESTMENT LTD. v. SMART INTERNATIONAL INDUSTRIAL LTD.
CFA · 10 Dec 1999
This judgment