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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BETWEEN
SUEN SHU TAI (孫樹娣) Plaintiff
and
TAM FUNG TAI (譚鳳帶) Defendant

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Before : Hon Cheung, Chu JJA and Mimmie Chan J in Court

Dates of Written Submissions : 21, 24 October and 12 November 2014
Date of Decision : 29 December 2014

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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 ofthe value of $1 million or more. The subject matter of the appeal concerns the ownership of two properties. The value of the propertiescan 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 theCourt of Final Appeal. Accordingly the plaintiff is required to apply within 14 days to the Court of Final Appeal for setting theconditions on leave and further directions as to the prosecution of the appeal.

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

(Peter Cheung) (CARLYE CHU) (MIMMIE CHAN)
JUSTICE OF APPEAL JUSTICE OF APPEAL JUDGE OF THE COURT OF
FIRST INSTANCE

Ms Josephine Tjia, instructed by Tsangs, assigned by Director of Legal Aid, for the plaintiff

Defendant, acting in person