Lau Hing Wan and Another v. So Wing Yee and Another
Read the full judgment text of on BabelCite. was delivered on 12 February 2001.
1. I am not going to give leave to appeal in this matter, Mr Fung. I take the view that really you have not shown that your complaint is sufficiently arguable. The matter is clearly curable by amendment, in my view. The point is, of course, highly interlocutory. It would not, in any event, dispose of the action between the parties and I think I should not, in addition, where the matter is interlocutory and not determinative of the action as a whole, I should not really set the Court of Appeal's
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DCCJ012206B/2000 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CIVIL ACTION NO. 12206 OF 2000 -----------------
----------------- Coram: H H Judge Carlson in Chambers Date of Judgment: 12 February 2001 ----------------- RULING ----------------- 1. I am not going to give leave to appeal in this matter, Mr Fung. I take the view that really you have not shown that your complaint is sufficiently arguable. The matter is clearly curable by amendment, in my view. The point is, of course, highly interlocutory. It would not, in any event, dispose of the action between the parties and I think I should not, in addition, where the matter is interlocutory and not determinative of the action as a whole, I should not really set the Court of Appeal's agenda. If that court takes the view that it ought to entertain an appeal, of course it can do so if you decide to renew this application to that court. 2. So I am afraid, for those reasons, I refuse you leave. 3. Costs ought to follow the event today, the plaintiffs will have to have their costs of today in any event.
Representation: Mr George Lam, of C T Chan & Co, for both Plaintiffs Mr Fung SW, of Messrs Chan, Leung & Cheung, for both Defendants
Representation: Mr George Lam, of C T Chan & Co, for both Plaintiffs Mr Fung SW, of Messrs Chan, Leung & Cheung, for both Defendants |