Chu Hung Ching v. Chan Kam Ming and Others

CACV000046A/2001

CACV 46/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 46 OF 2001

(ON APPEAL FROM HCA 10040/2000)

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Coram: Hon Mayo VP and Le Pichon JA in Court

Date of Hearing: 27 February 2001

Date of Judgment: 27 February 2001

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J U D G M E N T

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Hon Mayo VP:

1. The question which has been put to us is:

"whether it is an abuse of process of the Court for a litigant, having chosen not to attend the hearing of an inter parties summons, and having had an injunction made against him, thereafter to apply to the Court for a discharge of the said injunction by relying on a point and evidence which could have been and should have been raised during the said inter parties hearing."

2. It is significant to observe that this question was not raised before Suffiad J. That being the case we have no assurance that the facts upon which the appeal is based are indeed well founded.

3. Besides, the law on this subject is straightforward and uncontroversial and much depends upon the facts of each individual case.

4. This being so we are not satisfied that the requirements of s.22(1)(b) of the Court of Final Appeal Ordinance, Cap 484 have been complied with and this application is refused.

Representation:

Mr Warren Chan, SC & Mr Luiz A da Silva Pedruco, instructed by Messrs Cheng, Chan & Co. for the plaintiff

Mr A. T. Reyes & Mr Victor Dawes instructed by Messrs Fok & Johnson for the defendants