HONG KONG ISLAND DEVELOPMENT LTD v. THE WORLD FOOD FAIR LTD AND ANOTHER

HONG KONG ISLAND DEVELOPMENT LTD v. THE WORLD FOOD FAIR LTD AND ANOTHER

The Appeal Committee has jurisdiction to hear a fresh application where the Court of Appeal refused leave on a particular ground; the application for leave was granted but confined to the concluded contract issue because (a) the s22(1)(a) as-of-right ground was inapt given the dispute was whether a contract existed, and (b) the Total Oil point was new and failed the Flywin criteria and raised unresolved international authority. There was a reasonably arguable case that the Court of Appeal may have been wrong to displace the trial judge on the existence of a concluded contract; accordingly leave to appeal was granted limited to that issue only.

Citation
HONG KONG ISLAND DEVELOPMENT LTD v. THE WORLD FOOD FAIR LTD AND ANOTHER
Parties
Defendant (applicant): Hong Kong Island Development Limited; 1st Plaintiff (1st Respondent): The World Food Fair Limited (formerly Wealth State Investments Limited); 2nd Plaintiff (2nd Respondent): The World Enterprises Holdings Limited
Court
Court of Final Appeal
Jurisdiction
Hong Kong
Judgment Date
13 March 2006
Case Number
FAMV38/2005
Procedural Posture
Application for Leave to Appeal to the Court of Final Appeal (civil) / Determination by Appeal Committee on Application for Leave to Appeal
Outcome
Leave to appeal granted to the Court of Final Appeal limited to the concluded contract issue; other grounds refused or not permitted
Legal Topics
Part Performance, Formation of Contract, Repudiation and Acceptance, Leave to Appeal, Statutory Interpretation of Cap 484
Source Language
EN
Contract Law Property Law Civil Procedure Equity Part Performance Formation of Contract Repudiation and Acceptance Leave to Appeal +1 more

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Parties

Hong Kong Island Development Limited

Defendant (applicant)

The World Food Fair Limited (formerly Wealth State Investments Limited)

1st Plaintiff (1st Respondent)

The World Enterprises Holdings Limited

2nd Plaintiff (2nd Respondent)

Procedural Posture

Application for Leave to Appeal to the Court of Final Appeal (civil) / Determination by Appeal Committee on Application for Leave to Appeal

Legal Issues

  1. 1 Whether a concluded contract for the grant of a lease existed between the parties
  2. 2 Whether the Court of Appeal correctly held that part performance saved an oral agreement within section 3 of the Conveyancing and Property Ordinance (Cap 219)
  3. 3 Whether an appeal lies as of right under section 22(1)(a) Cap 484 in these circumstances

Ratio Decidendi

The Appeal Committee has jurisdiction to hear a fresh application where the Court of Appeal refused leave on a particular ground; the application for leave was granted but confined to the concluded contract issue because (a) the s22(1)(a) as-of-right ground was inapt given the dispute was whether a contract existed, and (b) the Total Oil point was new and failed the Flywin criteria and raised unresolved international authority. There was a reasonably arguable case that the Court of Appeal may have been wrong to displace the trial judge on the existence of a concluded contract; accordingly leave to appeal was granted limited to that issue only.

Court Disposition

Leave to appeal granted to the Court of Final Appeal limited to the concluded contract issue; other grounds refused or not permitted

Orders

  • Grant leave to appeal limited to the concluded contract issue
  • Defendant to pay half the costs of this application for leave to appeal to the plaintiffs