WIDE LINK LTD. v. TAM SING CHEONG AND OTHERS

CACV000151A/1999

CACV 151/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 151 OF 1999

(ON APPEAL FROM HCMP 1102/1998)

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BETWEEN
WIDE LINK LIMITED Plaintiff
AND
TAM SING CHEONG 1st Defendant
CHEUNG CHEUNG 2nd Defendant
TAI KING WAH 3rd Defendant

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Coram: Hon Leong, Rogers and Ribeiro JJA in Court

Date of Hearing: 8 March 2000

Date of Judgment: 8 March 2000

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

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Hon Leong JA (giving the determination of the Court):

1. The matter in dispute on appeal amounts to more than a million dollars and appeal to the Court of Final Appeal is as of right. Wetherefore grant leave to appeal to the Court of Final Appeal. However, we would impose the condition that the appellant shall enterinto security, for the due prosecution of the appeal and costs to the sum of $400,000 for all three defendants. We do not think theestimated costs as proposed by the respondents in the sum of $1.2 million is a realistic estimate. We therefore grant leave accordinglyon that condition. The costs of this application shall be costs in the Court of Final Appeal.

(Arthur Leong) (Anthony Rogers) (R A V Ribeiro)
Justice of Appeal Justice of Appeal Justice of Appeal

Representation:

Mr Kenneth Ng, instructed by Messrs Baker & McKenzie for the plaintiff

Mr Selwyn So, instructed by Messrs Karbhari & Cham for the defendants