Cheong Shing Ltd v. Yu Kwan
Read the full judgment text of CACV 68/2010 on BabelCite. This Court of Appeal judgment was delivered on 13 October 2010.
1. This is an application for leave to appeal to the Court of Final Appeal. It is made under what is commonly referred to as the “or otherwise” ground.
Cited by 2 cases · Cites 1 case
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CACV 68/2010 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL CIVIL APPEAL NO. 68 OF 2010 (ON APPEAL FROM HCA NOS. 12021 OF 1998 AND 2183 OF 2001) ________________________ HCA 12021 /1998 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE ACTION NO. 12021 OF 1998 ________________________ BETWEEN
________________________ AND HCA 2183 /2001 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE ACTION NO. 2183 OF 2001 ________________________ BETWEEN
________________________ (Consolidated by the Order of Deputy High Court Judge Muttrie dated 6 March 2002) Before: Hon Rogers VP, Le Pichon JA and Stone J in Court Date of Hearing: 13 October 2010 Date of Judgment: 13 October 2010 ________________________ J U D G M E N T ________________________ Hon Rogers VP: 1.This is an application for leave to appeal to the Court of Final Appeal. It is made under what is commonly referred to as the “or otherwise” ground. 2.I do not propose to set out what has happened in this case, because that is set out in the reasons for judgment which this court gave on 30 July. 3.It has been the practice of this court, not immutable, but I do not recollect that there has been any exception to it, that when an application for leave to appeal is made on the basis of the “or otherwise” ground, we take the view that it really is a matter for the Court of Final Appeal to decide whether they wish to hear the case or not and, in the circumstances of this case, I consider that is the correct course. Hon Le Pichon JA: 4.I agree. Hon Stone J: 5.I also agree.
Mr Peter Ng SC and Mr Norman Nip, instructed by Messrs Gallant Y T Ho & Co, for the 1st and 2nd Plaintiffs in HCA2183/2001 and the Defendant in HCA12021/1998/Respondents Mr Benjamin Chain, instructed by Messrs Chui & Lau, for the 3rd Defendant in HCA2183/2001/Applicant Leave to appeal by the 3rd Defendant in HCA2183/2001 refused by Court of Final appeal. Please refer to FAMV40/2010 dated 18 March 2011 |
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