Guess?, Inc and Others v. Lee Seck Mon and Others

Case No.

Court

Date23 Dec 1988

Judge—

Case Document

100%Judiciary

CACV000097A/1988

IN THE COURT OF APPEAL

	Nos 97 & 136 of 1988
	(Civil)

BETWEEN

	GUESS?, INC	1st Plaintiff (1st Respondent)
	GEORGES MARCIANO	2nd Plaintiff (2nd Respondent)
	MAURICE MARCIANO	3rd Plaintiff (3rd Respondent)
	ARMAND MARCIANO	4th Plaintiff (4th Respondent)
	PAUL MARCIANO	5th Plaintiff (5th Respondent)

	and

	LEE SECK MON	1st Defendant (1st Appellant)
	DELIA CHAN WAI SHEUNG	2nd Defendant (2nd Appellant)
	FAMOUS HORSE GARMENT FACTORY LTD	3rd Defendant (3rd Appellant)
	FAMOUS LABEL INTERNATIONAL CO LTD	4th Defendant (4th Appellant)
	GOODYEAR INDUSTRIAL CORPORATION (A Firm)	5th Defendant (5th Appellant)
	LUCKY HORSE GARMENT FACTORY LTD	6th Defendant (6th Appellant)
	JORDACHE INTERNATIONAL (HK) LTD	7th Defendant
	GASOLINE LTD	9th Defendant

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Coram: Hon. Cons, V.-P., Kempster & Clough JJ.A.

Date of hearing: 23 December 1988

Date of judgment: 23 December 1988

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J U D G M E N T

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Kempster, J. A. :

1. This is an application by the plaintiffs in these proceedings, made pursuant to Rule 2(b) of the Order regulating appeals from this Court to Her Majesty in Council, for leave to appeal against our decision handed down on 2nd December 1988.

2. In support of the application Mr Ribeiro has posed a number of questions which he submits could properly be considered on appeal. Having heard his submissions and those of Mr Rogers, on behalf of the defendants, we are not satisfied that such questions arise at this particular juncture or from our judgment or are such as to warrant submission to Her Majesty in Council for decision as being of great general or public importance. In any event we would not regard it as a proper exercise of our discretion in the circumstances of this case to grant leave calculated to impose a substantial moratorium on the prosecution of the plaintiffs' own claim. This Court has a responsibility to insure that matters coming before the courts of Hong Kong attain as early a resolution as can fairly and properly be achieved. In the light of these factors we think it inappropriate to grant the application which is refused.

Representation:

R Riberio (herbert Smith) for 1st-5th Plaintiff/Respondents

Anthony Rogers QC, Felix Pao (Iu, Lai & Li) for 1st-6th Defendants/Appellants