Kithan Ltd. v. A & G International Cargo Ltd.

DCCJ014253A/2000

DCCJ14253/2000

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 14253 OF 2000

Coram: H H Judge Carlson in Court

Date of Judgment: 14 November 2001

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R U L I N G

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1.I have decided that it would not be right to give you leave to appeal. I have obviously got to be as objective as I can in these matters, but I have looked at what you have had to say in terms of your proposed grounds of appeal. I have just looked at the Judgment again and I am afraid I am going to have to leave it to you to apply to the Court of Appeal for leave to appeal. That is not as daunting as it sounds. The Court Office on the 6th Floor can give you advice as to what to do and you will apply for leave to appeal, if you wish to, to a single judge at the Court of Appeal in Chambers, as we are here. But so far as I am concerned, I do not think it would be right to give you leave to appeal.

2.I am afraid costs will have to follow the event on an application of this sort, so I am afraid the other side must have their costs of your application and to include the costs reserved on the previous occasion. So I am sorry, that is my decision.

Representation:

Present: Mr Nareshkumar H. Basant, appearing in person, for the Plaintiff

Ms Chang, Anne Mary, of Messrs Leung Kin & Co., for the Defendant