Tang Sing Yu and Others v. Tang Tat Kwong and Others
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cacv 361/2004 in the high court of the hong kong special administrative region court of appeal civil appeal no. 361 of 2004 (on appeal from HCMP NO. 1466 of 1999)
BETWEEN
Before: Hon Rogers VP in Chambers Date of Hearing: 12 February 2007 Date of Decision: 12 February 2007 ______________________ D E C I S I O N ______________________ 1.I have read the application in this case and I have read all the papers in this case and I do not see how I can allow this application for stay of execution for a large number of reasons. 2.Until this application, the Defendant was represented by lawyers and I can only assume that everything was put before the Court which should have been put before the Court. In those circumstances, I can see no ground for leave to appeal now to the Court of Final Appeal but, apart from that, I do not see that an application has yet been made for leave to appeal to the Court of Final Appeal. There is a draft application before me but I do not see that a date has yet been fixed. That is, however, one of the documents which I did consider and I do not now see how those are viable grounds of appeal to the Court of Final Appeal. 3.So my view remains the same, that I do not see at the moment that there is a viable appeal to the Court of Final Appeal. Hence, I regret that I cannot see it would be right for me to grant any extension of time. (Discussion as to costs) 4.I shall make an order for costs to the Plaintiff.
Mr Chiu Wing-kin, of Messrs Ken Chiu & Co., for the Plaintiffs/Respondents The first named 1st Defendants/Applicant, in person |