南洋商業銀行有限公司及另一人 對 黃永光及另一人

南洋商業銀行有限公司及另一人 對 黃永光及另一人

Application for leave to appeal was refused because the appellant failed to demonstrate questions of legal public importance or very exceptional circumstances under s22; the requirement to pay security did not on the facts establish deprivation of appeal rights engaging the Basic Law; the trial judge's reference to...

Source-derived case information.

Citation
南洋商業銀行有限公司及另一人 對 黃永光及另一人
Parties
Respondent: 南洋商業銀行有限公司; Respondent: 南洋商業銀行(中國)有限公司; Appellant: 黃永光; Defendant: 譚美
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
24 July 2014
Case Number
CACV33/2013
Procedural Posture
Civil Appeal / Application for Leave to Appeal to the Court of Final Appeal Under S22 of Cap.484
Outcome
application for leave to appeal dismissed
Legal Topics
Leave to Appeal, Stay of Execution, Security for Appeal, Use of Mainland Decisions in HK Courts, Judicial Independence
Source Language
ch
Civil Procedure Appeal Constitutional Law Leave to Appeal Stay of Execution Security for Appeal Use of Mainland Decisions in HK Courts Judicial Independence

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Parties

南洋商業銀行有限公司

Respondent

南洋商業銀行(中國)有限公司

Respondent

黃永光

Appellant

譚美

Defendant

Procedural Posture

Civil Appeal / Application for Leave to Appeal to the Court of Final Appeal Under S22 of Cap.484

  1. 1 whether leave to appeal to the Court of Final Appeal should be granted under s22(1)
  2. 2 whether an order for payment of security for appeal deprives appellant of the right to appeal and engages Basic Law rights
  3. 3 whether to grant a stay of execution pending appeal

Ratio Decidendi

Application for leave to appeal was refused because the appellant failed to demonstrate questions of legal public importance or very exceptional circumstances under s22; the requirement to pay security did not on the facts establish deprivation of appeal rights engaging the Basic Law; the trial judge's reference to Mainland decisions was correctly treated as admissible evidence of Mainland law and was not a misapplication of principle.

Court Disposition

application for leave to appeal dismissed

Orders

  • application for leave to appeal refused
  • appellant ordered to pay respondents' costs of the application