Ha Hau Kwan Fong Mary v. The Incorporated Owners of Golden Plaza

Case No.HCCT9/2002
Court
高等法院原訟法庭
Date12 Jul 2002
JudgeHon Ma J
Case Document
100%

HCCT000009A/2002

HCCT9/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTRUCTION AND ARBITRATION PROCEEDINGS
NO.9 OF 2002

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BETWEEN
HA HAU KWAN FONG MARY Applicant
(Respondent)
AND
THE INCORPORATED OWNERS OF GOLDEN PLAZA Respondent
(Claimant)

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Coram: Hon Ma J in Chambers

Date of Hearing: 12 July 2002

Date of Decision: 12 July 2002

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D E C I S I O N

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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.

(Geoffrey Ma)
Judge of the Court of First Instance,
High Court

Representation:

Ha Hau Kwan Fong Mary, Applicant/Respondent in person

Mr Derry Wong, instructed by Messrs Patrick Wong & Co., for the Respondent/Claimant