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)

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Between:
TWINKLE STEP INVESTMENT LIMITED Appellant
(Defendant)
AND
SMART INTERNATIONAL INDUSTRIAL LIMITED Respondent
(Plaintiff)

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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

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

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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 followingdismissal 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 werenot 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 fromthe 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 Courtpending 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 judgeand 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 payableto 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