Kan Wing and Another v. Hong Kong Housing Society

CACV000001/1988

IN THE COURT OF APPEAL

RETWEEN

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Coram: Silke, V.-P., Fuad & Clough, JJ.A.

Date of Hearing: 26th February 1988

Date of Judgment: 26th February 1988

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J U D G M E N T

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Silke, V.-P.:

1. Before we ask Mr. Mok to open this appeal I would draw attention to the Practice Direction which reads in part:

"As early as possible before the hearing of proceedings in the Court of Appeal and, in any event, not less than two clear days before the hearing, excluding public holidays, every party or his solicitor must lodge with the Clerk of the Court a list (in triplicate) of the law reports, textbooks and other authorities it is intended to cite."

2. This was drawn to the attention of practitioners in Robert Lee Flickinger v. Immigration Department(1). There my Lord Cons, V.-P. concluded by saying:

"We would like it to be generally noted that an Appellant's solicitors who do not in future comply with the Practice Direction may well find that this division takes the view that the appeal is insufficiently prepared and will adjourn it to another date.''

3. In this case, the Appellants' List of Authorities was lodged at three o'clock yesterday afternoon. It set out a total of 23 authorities. I wish, with respect, to endorse that which my Lord Cons, V.-P. said in Robert Lee Flickinger⁽¹⁾ with this addition: that there is also the possibility that a consequential costs order might equally well be made.

(1) Civil Appeal No. 52 of 1987 (unreported)

Representation:

Johnny Mok, Esq. (Chan, Lau & Wai) for Appellants/Plaintiffs

Denis G. Yu, Esq. (C.Y. Kwan & Co.) for Defendant/Respondent