Ting Wai Kwong v. The Incorporated Owners of Wah Fat Industrial Building

Read the full judgment text of HCMP 1827/2007 on BabelCite. This High Court CFI judgment was delivered on 23 September 2008.

1. The applicant applied for leave to appeal to the Court of Final Appeal against our decision of 18 July 2008.  In that decision we refused to grant leave to the applicant to appeal against the judgment of Deputy District Judge Lo.

Cited by 2 cases · Cites 1 case

Case No.HCMP 1827/2007
Court
High Court CFI
Date23 Sep 2008
Judge
Case Document
100%Judiciary

HCMP 1827/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 1827 OF 2007

(ON AN INTENDED APPEAL FROM DCCJ 444 OF 2006)

___________________

BETWEEN

  TING WAI KWONG (丁偉江) Plaintiff
  and  
  THE INCORPORATED OWNERS OF WAH FAT INDUSTRIAL BUILDING
華發工業大廈業主立案法團
Defendant

___________________

Before : Hon Cheung JA and Lam J in Court

Date of Hearing : 23 September 2008

Date of Decision : 23 September 2008

Date of Reasons for Decision : 26 September 2008

_______________________

REASONS FOR DECISION

_______________________

Hon Cheung JA (giving reasons for decision of the court) :

1.The applicant applied for leave to appeal to the Court of Final Appeal against our decision of 18 July 2008.  In that decision we refused to grant leave to the applicant to appeal against the judgment of Deputy District Judge Lo.

2.The Court of Final Appeal has stated in HLF v. MTC and LHN [2004] 3 HKLRD 241 that where leave to appeal is refused by the Court of Appeal the decision does not constitute a judgment upon which an appeal may be lodged to the Court of Final Appeal.  This being the case there was no jurisdiction for us to grant any leave to the applicant.  The applicant was refused with no order as to costs.

(Peter Cheung)
Justice of appeal

(M. H. Lam)
Judge of the Court of First Instance

Plaintiff, in person, present

Cites 1 case

Cases cited in this judgment

Other Judgments in This Case

Further hearings and rulings under HCMP 1827/2007