Ho Moh v. Lam Yiu Keung t/a Yiu Sun Construction Engineering Co. and Another

Read the full judgment text of HCMP 2033/2001 on BabelCite. This High Court CFI judgment was delivered on 24 October 2001.

1. I do not propose to give a lengthy judgment in this case. This is an application for leave to appeal out of time. The reasons for the delay have been explained. There have been two episodes of delay and I am satisfied that these can largely be put at the door of the legal advisers and not at the door of the plaintiff.

Case No.HCMP 2033/2001
Court
High Court CFI
Date24 Oct 2001
Judge
Case Document
100%Judiciary

HCMP002033/2001

HCMP 2033/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 2033 OF 2001

(ON AN INTENDED APPEAL FROM HCPI 1251 OF 1998)

_______________________

BETWEEN
HO MOH Plaintiff
AND
LAM YIU KEUNG trading as YIU SUN CONSTRUCTION ENGINEERING COMPANY 1st Defendant
KWONG KEY CONSTRUCTION AND ENGINEERING LIMITED 2nd Defendant

_______________________

Coram: Hon. Rogers, VP, and Le Pichon, JA in Court

Date of Hearing: 24 October 2001

Date of Judgment: 24 October 2001

_______________________

J U D G M E N T

_______________________

Hon. Rogers VP:

1.I do not propose to give a lengthy judgment in this case. This is an application for leave to appeal out of time. The reasons for the delay have been explained. There have been two episodes of delay and I am satisfied that these can largely be put at the door of the legal advisers and not at the door of the plaintiff.

2.In so far as there are merits in this case, it seems to me that this is a matter which needs to go to an appeal for those merits to be decided. On my view of the situation, this is a case where there should be a full appeal on this matter. I would therefore extend time for appealing, accordingly.

Hon. Le Pichon JA:

3.I agree.

(Anthony Rogers) (Doreen Le Pichon)
Vice-President Justice of Appeal

Representation:

Mr John Wright, instructed by Messrs Miller Peart, for the Plaintiff/ Applicant

Ms Alice Tsang, instructed by Messrs Tsang, Chan & Wong, for the Defendants/Respondents