Chow Kam Fai, David v. Rambas Marketing Co., Llc

FAMV000008/2002

FAMV No. 8 of 2002

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 8 OF 2002 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NO. 1055 OF 2001)

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Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing: 30 September 2002

Date of Determination: 30 September 2002

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D E T E R M I N A T I O N

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Mr Justice Bokhary PJ:

1.Judgment has been obtained against the applicant, and no appeal has been brought against that judgment. In such circumstances, this application for leave to appeal to the Court of Final Appeal with a view to obtaining a stay of the proceedings on the ground of forum non-conveniens is not competent. It is dismissed.

[Mr John Griffiths SC for the respondent asked for costs, and Mr Ronny Tong SC for the applicant indicated that he did not oppose costs.]

Mr Justice Bokhary PJ:

2.With costs.

Representation:

Mr Ronny K.W. Tong SC and Mr Russell Coleman (instructed by Messrs Wilkinson & Grist) for the applicant

Mr John Griffiths SC and Mr Anthony Houghton (instructed by Messrs Deacons) for the respondent