Beijing Tong Gang Da Sheng Trade Co Ltd v. Allen & Overy (A Firm) and Another

Read the full judgment text of FAMV 37/2015 on BabelCite. This FAMV judgment was delivered on 3 February 2016 before Tang PJ, Chan NPJ, Stock NPJ.

1. We grant leave to appeal on the following question of great general or public importance, namely, “under what circumstances would an issue of limitation arise on an application for leave under O 20 r 5?”, as well as on the “or otherwise” ground.

Legal issues: Leave to appeal - limitation issue under O 20 r 5

Outcome: Leave to appeal granted on the question of great general or public importance and on the 'or otherwise' ground.

Cited by 16 cases

Case No.FAMV 37/2015[2014] 2 HKLRD 86[2015] 3 HKLRD 247(2016) 19 HKCFAR 705[2014] 4 HKC 333
Court
FAMV
Date03 Feb 2016
JudgeTang PJ, Chan NPJ, Stock NPJ
Case Document
100%Judiciary

FAMV Nos 36-39 of 2015

FAMV Nos 36 & 37 of 2015

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NOS 36 & 37 OF 2015 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACV NOS 34 & 124 OF 2014)

____________________

BETWEEN

  BEIJING TONG GANG DA SHENG TRADE CO LTD
北京通港達盛商貿有限公司 (as assignee of GREATER BEIJING REGION EXPRESSWAYS LIMITED)
Plaintiff/
Respondent
  - and -
  ALLEN & OVERY (a firm) 1stDefendant/
Applicant
  NIGEL ALEXANDER CARLISLE AIKEN
2nd Defendant

____________________

FAMV Nos 38 & 39 of 2015

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NOS 38 & 39 OF 2015 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACV NOS 34 & 124 OF 2012)

____________________

BETWEEN

  BEIJING TONG GANG DA SHENG TRADE CO LTD
北京通港達盛商貿有限公司 (as assignee of GREATER BEIJING REGION EXPRESSWAYS LIMITED)
Plaintiff/
Respondent
  - and -
  ALLEN & OVERY (a firm) 1stDefendant
  NIGEL ALEXANDER CARLISLE AIKEN 2nd Defendant/ Applicant

____________________

Appeal Committee: Mr Justice Tang PJ, Mr Justice Chan NPJ and Mr Justice Stock NPJ
Date of Hearing: 3 February 2016
Date of Determination: 3 February 2016

_________________________________

DETERMINATION

_________________________________

Mr Justice Tang PJ:

1.We grant leave to appeal on the following question of great general or public importance, namely, “under what circumstances would an issue of limitation arise on an application for leave under O 20 r 5?”, as well as on the “or otherwise” ground.

(Robert Tang) (Patrick Chan) (Frank Stock)
Permanent Judge Non-Permanent Judge Non-Permanent Judge

Mr Victor Dawes SC and Mr James Man, instructed by Deacons, for the 1st defendant / applicant in FAMV Nos 36 & 37/2015

Mr Victor Dawes SC and Mr James Man, instructed by Kennedys, for the 2nd defendant / applicant in FAMV Nos 38 & 39/2015

Mr Paul Carolan, instructed by Cheng, Yeung & Co, for the respondent