Wong Kam San and Another v. Yeung Wing Keung and Others

CACV 131/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 131 OF 2007

(ON APPEAL FROM HCA NO. 2036 OF 2005)

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Before: Hon Rogers VP, Le Pichon JA and Barma J in Court

Date of Hearing: 28 August 2008

Date of Judgment: 28 August 2008

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J U D G M E N T

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Hon Rogers VP:

1.This is an application by the fifth defendant for an adjournment of the application for leave to appeal to the Court of Final Appeal.  I regret that that is not an application to which this court can accede because, simply, the basis of it is that the lay client has changed its solicitors and has gone to new solicitors.  It may not be the first firm of new solicitors after the previous solicitors ceased to act and the fifth defendant evidently has also changed counsel.  They say they are not ready to put forward any grounds of appeal which might find favour with this court.

2.This is simply not acceptable.  The fifth defendant either does have grounds for appeal or it does not.  These are no grounds for seeking an adjournment and it must be refused.  I take it my fellow judges agree.

(Submissions on costs)

3.Application for adjournment refused.  Application for leave to appeal not proceeded with and therefore dismissed.  Costs to the Plaintiffs.

Mr Paul Lam, instructed by Messrs C L Chow & Macksion Chan, for the 1st and 2nd Plaintiffs/Respondents

Mr Yip Wing San Roy Bowie, instructed by Messrs Tam, Pun & Yipp, for the 5th Defendant/Applicant