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Daimler Ag (Formerly Mercedes-benz Ag) v. Leiduck, Herbert Heinz Horst and Another

Case No.FAMV 36/2012
Court
Court of Final Appeal
Date11 Dec 2012
JudgeChan PJ, Tang PJ, Bokhary NPJ
Case Document
100%

FAMV No. 36 of 2012

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 36 OF 2012 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NO. 172 OF 2011)

____________________

BETWEEN

  DAIMLER AG
(formerly MERCEDES-BENZ AG)		 Plaintiff/
Respondent
  and  
  LEIDUCK, HERBERT HEINZ HORST 1st Defendant/
1st Applicant
  INTERCONTINENTAL RESOURCES COMPANY LIMITED 2nd Defendant/
2nd Applicant

____________________

Appeal Committee : Mr Justice Chan PJ, Mr Justice Tang PJ and Mr Justice Bokhary NPJ
Date of Hearing : 11 December 2012
Date of Determination : 11 December 2012

_________________________

D E T E R M I N A T I O N

_________________________

Mr Justice Chan PJ :

1.This is the sort of satellite litigation which the Civil Justice Reform is aimed at eliminating. We are not satisfied that there are questions of law of great general and public importance which require consideration by the Court of Final Appeal. The Court of Appeal was plainly correct in its application of the relevant principles regarding the granting of relief against sanction flowing from non-compliance of an Unless Order. Nor are we persuaded that there are exceptional circumstances which justify the granting of leave to appeal on the “or otherwise” ground. Leave is accordingly refused with costs and a certificate for two counsel.

(Patrick Chan)
Permanent Judge		 (Robert Tang)
Permanent Judge		 (Kemal Bokhary)
Non-Permanent Judge

Ms Audrey Eu SC and Mr Clark Wang, instructed by Robertsons, for the Applicants/Defendants

Mr John M Y Yan SC and Ms Sara Tong, instructed by Baker and McKenzie, for the Respondent/Plaintiff