Wong Yu Cho Rolly Trading As Marco Polo and China Oversea Technical Development v. Newton Chan

HCMP 2595/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 2595 OF 2007

(ON AN INTENDED APPEAL FROM DCCJ NO. 146 OF 2007)

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Before : Hon Cheung and Yeung JJA in Court

Date of Hearing : 30 July 2008

Date of Decision : 30 July 2008

Date of Reasons for Decision : 31 July 2008

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REASONS FOR DECISION

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Hon Cheung JA (giving decision of the Court) :

1.The plaintiff applied for leave to appeal to the Court of Final Appeal against our decision of 15 April 2008 in which we refused to grant leave to the plaintiff to appeal against the decision of H H Judge Leung of the District Court.

2.The law is clear that where the Court of Appeal refuses to grant leave to appeal, the decision does not constitute a judgment for the purpose of an appeal to the Court of Final Appeal (see HLF v. MTC and LHN [2004] 3 HKLRD 241).

3.Because the plaintiff has no further right to appeal against our decision of 15 April 2008, we accordingly refused to grant leave to the plaintiff.  We made no order as to costs.

Plaintiff : in person, present