SUEN SHU TAI v. TAM FUNG TAI
Leave to appeal to the Court of Final Appeal was granted because the appeal concerned ownership of two properties whose sales value exceeded the statutory $1,000,000 threshold in s22(1)(a) Cap 484; the question of conditions on leave is to be determined by the Court of Final Appeal and the plaintiff must apply to...
Source-derived case information.
- Citation
- SUEN SHU TAI v. TAM FUNG TAI
- Parties
- Plaintiff: SUEN SHU TAI; Defendant: TAM FUNG TAI
- Court
- Court of Appeal
- Jurisdiction
- Hong Kong
- Judgment Date
- 29 December 2014
- Case Number
- CACV187/2013
- Procedural Posture
- Civil Appeal to Court of Appeal / Application for Leave to Appeal to the Court of Final Appeal
- Outcome
- Leave to appeal to the Court of Final Appeal granted.
- Legal Topics
- Leave to Appeal, Ownership of Property, Costs, Jurisdiction, Valuation
- Source Language
- et
Source-derived case record
Summary, issues, holding and outcome
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Parties
SUEN SHU TAI
Plaintiff
TAM FUNG TAI
Defendant
Procedural Posture
Civil Appeal to Court of Appeal / Application for Leave to Appeal to the Court of Final Appeal
Legal Issues
- 1 Whether leave to appeal to the Court of Final Appeal should be granted under section 22(1)(a) of the Court of Final Appeal Ordinance (Cap 484)
- 2 Whether the appeal involves property the value of which meets the $1,000,000 threshold
- 3 Whether conditions should be imposed on the grant of leave
Ratio Decidendi
Leave to appeal to the Court of Final Appeal was granted because the appeal concerned ownership of two properties whose sales value exceeded the statutory $1,000,000 threshold in s22(1)(a) Cap 484; the question of conditions on leave is to be determined by the Court of Final Appeal and the plaintiff must apply to that court within 14 days; costs of the application are to be in the cause of the appeal.
Court Disposition
Leave to appeal to the Court of Final Appeal granted.
Orders
- Leave to appeal to the Court of Final Appeal granted.
- Plaintiff is required to apply within 14 days to the Court of Final Appeal for setting conditions on leave and for further directions as to the prosecution of the appeal.
Full Case Text
Judgment text and source record
1 paragraphs
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) BETWEEN SUEN SHU TAI (孫樹娣) Plaintiff and TAM FUNG TAI (譚鳳帶) Defendant 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 D E C I S I O N Hon Cheung JA (giving Decision of the Court) : 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. 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 of the value of $1 million or more. The subject matter of the appeal concerns the ownership of two properties. The value of the properties can be seen from their sales value of over $2.9 million. We agree and will grant leave. The plaintiff asks for conditions to be imposed. The current practice is for the imposition of conditions to be decided by the Court of Final Appeal. Accordingly the plaintiff is required to apply within 14 days to the Court of Final Appeal for setting the conditions on leave and further directions as to the prosecution of the appeal. Costs of the application be in the cause of the appeal. (Peter Cheung) Justice of Appeal (Carlye Chu) Justice of Appeal (Mimmie Chan) 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