Allied Group Ltd and Another v. The Secretary for Justice and Anotehr

CACV000001A/2003

CACV 1/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 1 OF 2003

(ON APPEAL FROM HCA NO. 4246 OF 2001)

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Coram: Hon Rogers VP, Le Pichon and Cheung JJA in Court

Date of Hearing: 1 April 2004

Date of Judgment: 1 April 2004

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J U D G M E N T

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Hon Rogers VP:

1.Quite apart from the fact that in my view a question of whether a case should be heard by the Court of Final Appeal on the basis that it involves a matter of great general or public importance is a matter which is primarily a matter for that court, this is an interlocutory matter. Many of the questions sought to be raised are fact sensitive and would be better dealt with after trial.

2.Furthermore, satellite litigation is not to be encouraged unless it serves a useful purpose. I do not consider that such a purpose is shown here for an appeal to be taken at this stage.

3.I, for my part, would therefore not be disposed to grant leave to appeal.

Hon Le Pichon JA:

4.I agree.

Hon Cheung JA:

5.I agree.

Representation:

Mr Charles Manzoni and Mr Steven Kwan, instructed by Messrs Leland Chu & Co., for the 1st and 2nd Plaintiffs/Respondents

Mr Jat Sew-Tong SC and Mr Daniel Wan, instructed by Messrs Linklaters, for the 1st Defendant/1st Applicant

Mr Michael Bunting SC and Mr Godfrey Lam, instructed by Messrs Herbert Smith, for the 2nd Defendant/2nd Applicant