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FAMV No. 41 of 2009
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 41 OF 2009 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 257 OF 2008)
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Between:
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RICHFINE DEVELOPMENT LIMITED |
Applicant |
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(TRADING AS KENG FAI JEWELLERY) |
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- and - |
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HUGH RUPERT RIVINGTON |
Respondent |
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(SUED ON HIS OWN BEHALF AND AS REPRESENTATIVE UNDERWRITER OF SYNDICATE 1069 AS LLOYD'S OF LONDON AND THE OTHER INTERESTED UNDERWRITERS SUBSCRIBING TO LLOYDS JEWELLERS' BLOCK CERTIFICATE NO. W-JBW-90-00075-1) |
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Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ
Date of Hearing: 21 September 2009
Date of Determination: 21 September 2009
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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 :
Clearly the claim is unliquidated. No point of law of any controversy or difficulty arises. The Court of Appeal’s decision is correct. No argument to the contrary is reasonable. So, despite the ability with which Ms Eu urged the application for leave, leave is refused.
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(Kemal Bokhary)
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(Patrick Chan)
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(RAV Ribeiro)
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Permanent Judge
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Permanent Judge
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Permanent Judge
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Ms Audrey Eu SC and Mr Kenny Lin (instructed by Messrs Simon Ho & Co.) for the applicant
Mr Robert McLeish (instructed by Messrs DLA Piper Hong Kong) for the respondent
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