Wing Lee Engineering & Technical Services Ltd v. Alliance Building Services Engineering Ltd

HCMP 1111/2006

in the high court of the

hong kong special administrative region

court of appeal

MISCELLANEOUS PROCEEDINGS no. 1111 of 2006

(on appeal from DCCJ NO. 2056 of 2004)

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BETWEEN

Before: Hon Le Pichon JA and Kwan J in Court

Date of Hearing: 9 August 2006

Date of Decision: 9 August 2006

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D E C I S I O N

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Hon Le Pichon JA:

1.This is a renewed application for leave to appeal from the judgment dated 21 March 2006 of Deputy DJ W K Kwok.  The application for leave before the judge had been refused and had also been refused by Yeung JA.

2.The underlying action was a judgment in favour of the plaintiff in respect of $214,046 which the judge found was due and payable to the defendant under an agreement reached by the parties and/or alternatively under section 43(F) of the Employment Ordinance.

3.Having heard the submissions of Mr Fong who appeared for the defendant, I am satisfied that the appeal is arguable and I am therefore minded to grant leave.

Hon Kwan J:

4.I too am satisfied that leave to appeal should be granted in this application.

(Submission re costs)

Hon Le Pichon JA:

5.Costs of and incidental to this application, including the costs below, be costs in the cause of the appeal.

Mr Raymond Fong, instructed by Messrs Fung, Wong, Ng & Lam, for the Defendant/Applicant