Ha Hau Kwan Fong Mary v. The Incorporated Owners of Golden Plaza
Read the full judgment text of HCCT9/2002 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 12 July 2002 before Hon Ma J.
程序法 — 仲裁 — 上訴許可 — 是否需就拒絕上訴許可的決定再申請許可 — 仲裁條例及高等法院條例規定 — 先例支持不需許可 — 申請被駁回。申請人因被拒絕就仲裁裁決申請上訴許可而申請就該拒絕決定上訴，法院根據《仲裁條例》與《高等法院條例》解釋，及參考Downer案認定對拒絕許可決定均無需再申請許可，故拒絕該申請。最終決定維持原駁回，申請被駁回。
Legal issues: 是否需要就拒絕許可上訴的決定申請許可上訴
Outcome: 申請就拒絕上訴許可的決定進行上訴的申請被駁回
Cited by 4 cases · Cites 1 case
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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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