Dr Paul Ki Ping Ki v. Next Magazine Publishing Ltd and Others

Read the full judgment text of CACV 33/2004 on BabelCite. This Court of Appeal judgment was delivered on 20 January 2005.

1. This court has no alternative but to dismiss this application.  It does not come within section 22(1)(a) for the reasons that it is not a final appeal and the amount involved is not sufficient to bring it within that subsection anyway.  In my view, it would be wrong for this court to grant leave to appeal in view of the judgment which we gave on 4 November which is self-explanatory and, on the basis of that judgment, any appeal would be doomed to failure.

Cited by 3 cases

Case No.CACV 33/2004
Court
Court of Appeal
Date20 Jan 2005
Judge
Case Document
100%Judiciary

CACV33/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 33 of 2004

(ON APPEAL FROM HCA NO. 4173 OF 2001)

______________________

BETWEEN

  DR PAUL KI PING KI
formerly trading as
HONG KONG WASHINGTON COMPANY
Plaintiff
  and  
  NEXT MAGAZINE
PUBLISHING LIMITED
1st Defendant
  TOPPAN PRINTING COMPANY
(HK) LIMITED
2nd Defendant
  CHEUNG KIM HUNG 3rd Defendant
  YEUNG WAI HONG 4th Defendant
  LAI SUK FUN 5th Defendant

______________________

Before:  Hon Rogers VP & Le Pichon JA in Court

Date of Hearing:  20 January 2005

Date of Judgment:  20 January 2005

__________________

J U D G M E N T

__________________

Hon Rogers VP:

1.This court has no alternative but to dismiss this application.  It does not come within section 22(1)(a) for the reasons that it is not a final appeal and the amount involved is not sufficient to bring it within that subsection anyway.  In my view, it would be wrong for this court to grant leave to appeal in view of the judgment which we gave on 4 November which is self-explanatory and, on the basis of that judgment, any appeal would be doomed to failure.

Hon Le Pichon JA:

2.I agree.

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

The Plaintiff/Applicant, in person (present)

Mr Kenneth W H Ng, instructed by Messrs Deacons, for the 1st, 3rd & 5th Defendants/Respondents

Other Judgments in This Case

Further hearings and rulings under CACV 33/2004