Secan Ltd v. Secan Ltd

Read the full judgment text of CACV 4062/2001 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 14 June 2002 before Hon Rogers VP, Le Pichon JA.

Civil Appeal — Contract Dispute — Compliance with prior order — Effect on Appeal Decision — The Court of Appeal considered an addendum to its judgment clarifying that although the Order of Burrell J in the ACE action, referred to in the original judgment, had in fact been complied with, this did not affect the Court's decision on appeal. The parties were SECAN LIMITED (Plaintiff/Respondent) and HSIN YIEH ARCHITECTS & ASSOCIATES LTD. (Defendant/Appellant). Representation was by Mr Simon Westbrook SC for the Plaintiff and Mr Nicholas Cooney for the Defendant. The appeal related to a case from HCCT No. 69 of 2001. The addendum dated 20 June 2002 confirms that despite the compliance with the prior order, the Court's legal conclusions and orders remain as originally decided on 14 June 2002.

Outcome: The Court's decision remains unchanged despite compliance with Burrell J's order in the ACE action.

Cites 1 case

Case No.CACV 4062/2001
Court
高等法院上訴法庭
Date14 Jun 2002
JudgeHon Rogers VP, Le Pichon JA
Case Document
100%Judiciary

CACV004062M/2001

CACV 4062/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 4062 OF 2001

(ON APPEAL FROM HCCT NO. 69 OF 2001)

_______________________________

BETWEEN
SECAN LIMITED Plaintiff
AND
HSIN YIEH ARCHITECTS & ASSOCIATES LTD. Defendant

_______________________________

Coram: Hon Rogers VP and Le Pichon JA in Court

Date of Hearing: 7 June 2002

Date of Judgment: 14 June 2002

Date of Addendum to Judgment: 20 June 2002

_______________________________

ADDENDUM  TO  JUDGMENT

_______________________________

Since the Judgment in this matter was handed down on 14 June 2002, it has been drawn to the Court's attention that the Order of Burrell J in the ACE action, referred to in paragraph 17 of the judgment of 14 June 2002, has in fact been complied with. The continued subsistence of the ACE action does not however alter this Court's decision.

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

Representation:

Mr Simon Westbrook SC, instructed by Messrs Masons, for the Plaintiff/Respondent

Mr Nicholas Cooney, instructed by Messrs Deacons, for the Defendant/Appellant

Other Judgments in This Case

Further hearings and rulings under CACV 4062/2001