PCCW – HKT Telephone Limited (1st Applicant (1st Plaintiff)) v PCCW Services Limited (2nd Applicant (2nd Plaintiff))

Read the full judgment text of FAMV 000058/2008 on BabelCite. This FAMV judgment was delivered on 14 November 2008 before Mr Justice Bokhary PJ (sitting as a single Permanent Judge).

Civil procedure – interim injunctive relief – Court of Final Appeal – inherent jurisdiction – single Permanent Judge – balance of convenience – leave to appeal – Costs reserved. The plaintiffs sought wider interlocutory injunctive relief pending an application for leave to appeal to the Court of Final Appeal. The single Permanent Judge held that the Court of Final Appeal has inherent jurisdiction to grant interim relief pending leave to appeal, and that a single Permanent Judge may exercise that jurisdiction under s.46(2) of the Court's statute. The balance of convenience favoured granting interim relief. The defendants were restrained until the Appeal Committee determines the leave application and, if leave granted, decides on wider relief. Costs reserved.

Legal issues: Jurisdiction to grant interim relief pending leave to appeal

Outcome: Interim injunctive relief granted pending the Appeal Committee's determination of the leave application.