Vjc v. Dpg

Read the full judgment text of HCMP 44/2002 on BabelCite. This High Court CFI judgment was delivered on 6 February 2002 before Hon. Mayo VP & Yeung J.

FCMC proceedings – leave to appeal – arguability test – stay of order – costs in the cause – HCMP 44/2002 – VJC v DPG – Appeal from Judge Saunders' order in FCMC 1444/2000 found imminently arguable – Leave granted and order stayed pending appeal – Costs in the cause

Legal issues: Whether the appeal is arguable

Outcome: Leave to appeal granted; order stayed pending appeal

Cites 1 case

Case No.HCMP 44/2002
Court
High Court CFI
Date06 Feb 2002
JudgeHon. Mayo VP & Yeung J
Case Document
100%Judiciary

HCMP000044/2002

HCMP 44/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 44 OF 2002

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IN THE MATTER OF the order of His Honour Judge Saunders made on the 4th day of December, 2001 in FCMC 1444 of 2000

AND

IN THE MATTER OF Order 59, rule 14 of the Rules of the High Court, Cap. 4

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BETWEEN
VJC Petitioner
AND
DPG Respondent

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Coram: Hon. Mayo VP & Yeung J in Court

Date of Hearing: 6 February 2002

Date of Judgment: 6 February 2002

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J U D G M E N T

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Hon Mayo VP (giving the judgment of the Court):

1.All that is necessary for the petitioner to establish is that the appeal from the Judge's order is arguable. It is not desirable for us to give detailed reasons why we consider that the appeal is arguable. Suffice it to say that we are satisfied that it is imminently arguable. We grant leave and order that there be a stay of the order pending the appeal.

2.The appeal must be prosecuted expeditiously. This being so, we order that there be liberty to apply by both sides. Costs should be costs in the cause of the appeal.

(Simon Mayo) (Wally Yeung)
Vice-President Judge of the Court of First Instance

Representation:

Ms June Wee, instructed by Messrs Joseph Chu, Lo & Lau for the petitioner.

Cites 1 case

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