Or Kwok Leung v. Choy Shing Chau Trading As Choy Shing Chau Painting Engineering and Another

Read the full judgment text of HCMP 397/1997 on BabelCite. This High Court CFI judgment.

1. The 2nd respondent, M & G Contracting Ltd, seeks leave to appeal against Her Honour Judge Kwan's Order of December 5, 1996, reinstating the claim for compensation brought by the employee, Mr Or Kwok Leung. The employee says that no leave is necessary but that, if leave is necessary, then an extension for the purpose of seeking leave is necessary too and should be refused, and that even if an extension is granted, leave itself should be refused.

Case No.HCMP 397/1997
Court
High Court CFI
Date
Judge
Case Document
100%Judiciary

HCMP000397/1997

IN THE COURT OF APPEAL

Miscellaneous Proceedings

No. 397 of 1997

(On Appeal from the District Court

Case No. ECC 155 of 1995)

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BETWEEN
OR KWOK LEUNG Applicant
and
CHOY SHING CHAU trading as CHOY SHING CHAU PAINTING ENGINEERING 1st Respondent
M & G CONTRACTING LIMITED 2nd Respondent

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Coram: Bokhary JA in Chambers

Date of hearing: 2, May 1997

Date of judgment: 2, May 1997

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J U D G M E N T

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Bokhary JA:

1. The 2nd respondent, M & G Contracting Ltd, seeks leave to appeal against Her Honour Judge Kwan's Order of December 5, 1996, reinstating the claim for compensation brought by the employee, Mr Or Kwok Leung. The employee says that no leave is necessary but that, if leave is necessary, then an extension for the purpose of seeking leave is necessary too and should be refused, and that even if an extension is granted, leave itself should be refused.

2. I think that leave is unnecessary. But the point which the appeal would raise, although purely procedural, had best be sorted out once and for all. So I say that if leave to appeal is necessary, then I would grant an extension for the purpose of seeking leave; and I would grant leave to appeal.

3. As far as the costs are concerned, I order that the costs of today be to the employee in any event.

(K Bokhary)
Justice of Appeal

Representation:

Mr Sunny Chan (instructed by M/s Chan & Cheng) for the 2nd respondent, M & G Contracting Ltd

Mr Kenneth K H Lee (instructed by M/s Richard Tai & Co) for the employee, Mr Or Kwok Leung