Sne Engineering Co Ltd v. Hsin Chong Construction Co Ltd and Another

Case No.HCMP 2636/2012
Court
High Court CFI
Date16 Jan 2013
Judge
Case Document
100%

HCMP 2636/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 2636 OF 2012

(ON AN INTENDED APPEAL FROM HCA 1466 OF 2012)

________________________

BETWEEN

SNE ENGINEERING CO. LTD. Plaintiff
and
HSIN CHONG CONSTRUCTION COMPANY LIMITED
(新昌營造廠有限公司)
1st Defendant
CHIM KEE MACHINERY CO. LTD 2nd Defendant

________________________

Before : Hon Cheung CJHC and Cheung JA in Court
Date of Decision : 16 January 2013

________________________

D E C I S I O N

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Hon Cheung JA (giving decision of the Court) :

1.The basis for refusing to strike out the statement of claim and the particulars of infringement is sufficiently set out in the judgment of Mr. Recorder Patrick Fung S.C. We are not satisfied that there is any reasonable prospect of success in the intended appeal. Accordingly leave to appeal is refused with costs to the plaintiff. The 1st defendant is required to lodge written submissions to the plaintiff’s statement of costs within 14 days.

2.We will, pursuant to Order 59, Rule 2A(8) of the Rules of the High Court, order that the 1st defendant is not allowed to apply for an oral hearing to reconsider his application.

(Andrew Cheung) (Peter Cheung)
Chief Judge, High Court Justice of Appeal