Ha Hau Kwan Fong Mary v. The Incorporated Owners of Golden Plaza
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HCCT000009A/2002 HCCT9/2002 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTRUCTION AND ARBITRATION PROCEEDINGS ------------------------
------------------------ Coram: Hon Ma J in Chambers Date of Hearing: 12 July 2002 Date of Decision: 12 July 2002 --------------------- D E C I S I O N --------------------- 1.On 16 May 2002, I dismissed the applicant's application for leave to appeal from an arbitration award dated 4 January 2002 from Mr Steven Foo. By the present application, the applicant seeks leave to appeal from my decision. It appears from a consideration of section 23(7) of the Arbitration Ordinance and section 14(ea) of the High Court Ordinance that leave to appeal is required only from a substantive appeal under section 23 of the Arbitration Ordinance. There has been no substantive appeal in view of my refusal to grant leave. 2.In these circumstances, I am of the view that no leave to appeal is required to appeal from a refusal to grant leave to appeal from an arbitration award. I note that this was exactly what had been assumed to be the position in Downer & Company Limited v. The Airport Authority [2000] 1 HKLR 556. The application is therefore dismissed.
Representation: Ha Hau Kwan Fong Mary, Applicant/Respondent in person Mr Derry Wong, instructed by Messrs Patrick Wong & Co., for the Respondent/Claimant |
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