30 Nov 2010
FINEWAY PROPERTIES LTD v. SIN HO YUEN VICTOR, THE ADMINISTRATOR OF THE ESTATE OF SIN YAT
- Citation
- FINEWAY PROPERTIES LTD v. SIN HO YUEN VICTOR, THE ADMINISTRATOR OF THE ESTATE OF SIN YAT
- Court
- Court of Appeal
- Case number
- CACV95/2009
The court held that the respondent was not entitled to appeal as of right under s22(1)(a) because his claim was an unliquidated monetary claim representing a share of sale proceeds and thus did not fall within the first limb, and the second limb is to be narrowly construed as applying only to proprietary rights in particular property; however the Court of Appeal granted leave to appeal under s22(1)(b) because the question whether a minority owner has any remedy after an auction where the reserve price was wrongly fixed is one of general and public importance; the court also concluded it had n…