Parveen Tahira and on behalf of the Dependants of Muhammad Shahzad, Deceased v. Paul Y. - Seli Joint Venture

Read the full judgment text of DCEC 493/2000 on BabelCite. This District Court judgment was delivered on 4 July 2007.

1. I have considered this application.  I have read through the judgments again. I regret that I feel it necessary to refuse this application.  I say regret because my major concern in this case is that costs have been run up and are being run up by parties who can ill afford it.  Nevertheless, the substance of this application, when cut to the root, is that this case could have been ready and it is a question of lack of funds, which has meant that it is not ready.  Unfortunately, in our system,

Cited by 8 cases · Cites 1 case

Case No.DCEC 493/2000
Court
District Court
Date04 Jul 2007
Judge
Case Document
100%Judiciary

cacv 52/2007

in the high court of the

hong kong special administrative region

court of appeal

civil appeal no. 52 of 2007

(on appeal from DCEC NOS. 493 of 2000 AND 30 OF 2001)

______________________

DCEC 493/2000

IN THE MATTER OF AN APPLICATION BETWEEN:

  PARVEEN TAHIRA and on behalf of the dependants of MUHAMMAD SHAHZAD, deceased   Applicant
  and   
  PAUL Y. - SELI JOINT VENTURE   Respondent

DCEC 30/2001

AND IN THE MATTER OF AN APPLICATION BETWEEN:

  ATIQ-UR-REHMAN on his own behalf and on behalf of the   dependants of SAIF-UR-REHMAN otherwise known as MOHAMMAD SHEHZAD, deceased Applicant
  and  
  PAUL Y. - SELI JOINT VENTURE Respondent

[Consolidated by Order of H.H. Judge Carlson dated 28th December 2001
and de-consolidated by Order of H.H. Judge Ng dated 18th day of March 2005]

 

Before: Hon Rogers VP in Chambers

Date of Hearing: 4 July 2007

Date of Decision: 4 July 2007

___________________

D E C I S I O N

___________________

1.I have considered this application.  I have read through the judgments again. I regret that I feel it necessary to refuse this application.  I say regret because my major concern in this case is that costs have been run up and are being run up by parties who can ill afford it.  Nevertheless, the substance of this application, when cut to the root, is that this case could have been ready and it is a question of lack of funds, which has meant that it is not ready.  Unfortunately, in our system, that is not a basis for granting an adjournment.

2.The transcript is ready.  I do not know when it was ready.  It was asked for I am told in March.  It must have been ready fairly soon thereafter.  There is a large sum to be paid for it and, quite understandably, the 1st Applicant cannot afford it at the moment or, at least, has to borrow more money as well as money for his legal costs.  I am sorry that that is not a ground for granting an adjournment.

(Submissions re costs)

3.Costs in the appeal.

  (Anthony Rogers)
Vice-President

Ms Angela Gwilt, instructed by Messrs Quan & Co, for the Applicant in DCEC493/2000 (1st Applicant)/Appellant

Mr John Wright, instructed by Messrs Burke, Fung & Li, for the Applicant in DCEC30/2001 (2nd Applicant)/Respondent

Messrs Deacons, for the Respondent /Respondent, absent