Ng Ai Kheng, Jasmine v. The Open University of Hong Kong

Read the full judgment text of CACV 257/2005 on BabelCite. This Court of Appeal judgment was delivered on 21 September 2006.

1. The plaintiff wrote yesterday to the court to express her wish to withdraw her application for leave to appeal to the Court of Final Appeal and to seek the vacation of today’s hearing.  Upon receipt of a copy of the letter, the solicitors acting for the defendant wrote back to seek her consent as to the question of costs.  To that, the plaintiff has not replied.

Cited by 1 case

Case No.CACV 257/2005
Court
Court of Appeal
Date21 Sep 2006
Judge
Case Document
100%Judiciary

CACV 257/2005

in the high court of the

hong kong special administrative region

court of appeal

civil appeal no. 257 of 2005

(on appeal from HCA NO. 9801 of 2000)

______________________

BETWEEN

  NG AI KHENG, JASMINE Plaintiff
  and  
  THE OPEN UNIVERSITY OF HONG KONG Defendant

Before : Hon Woo VP, Cheung JA and Tang JA in Court

Date of Hearing : 21 September 2006

Date of Decision : 21 September 2006

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D E C I S I O N

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Hon Woo VP (giving the decision of the Court):

1.The plaintiff wrote yesterday to the court to express her wish to withdraw her application for leave to appeal to the Court of Final Appeal and to seek the vacation of today’s hearing.  Upon receipt of a copy of the letter, the solicitors acting for the defendant wrote back to seek her consent as to the question of costs.  To that, the plaintiff has not replied.

2.Today at this hearing, the plaintiff is absent, and therefore she is not here to prosecute her application.

3.We have considered her application, and there is nothing in the materials provided by her to show that we should grant leave for her to appeal to the Court of Final Appeal.  Accordingly, her application is dismissed with costs.

(K H Woo)
Vice-President
(Peter Cheung)
Justice of Appeal
(Robert C Tang)
Justice of Appeal

The Plaintiff (Appellant), in person, absent

Mr Robin McLeish, instructed by Messrs Paul, Hastings, Janofsky & Walker, for the Defendant (Respondent)