Remedy Asia Ltd v. Yick Shing Contractors Ltd
Read the full judgment text of HCCT 4/2012 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 18 November 2014 before Hon Mimmie Chan J in Chambers.
Construction and arbitration proceedings – Application for leave to appeal dismissed – Court found no reasonable prospects of success in the intended appeal against decision of 16 October 2014 – Issue estoppel applies where parties and issues are identical – Costs ordered against defendant with statement of costs to be filed by plaintiff – Application was heard in open court on 18 November 2014 before Hon Mimmie Chan J.
Legal issues: Issue estoppel in appeal application
Outcome: Application for leave to appeal dismissed with costs.
Cites 1 case
|
HCCT 4/2012 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTRUCTION AND ARBITRATION PROCEEDINGS NO 4 OF 2012 ____________
____________
_____________ D E C I S I O N _____________ 1.I thank counsel for their submissions, but having heard counsel I am not satisfied that there are reasonable prospects of success in the intended appeal against my decision of 16 October which adequately sets out my reasons. The arguments raised by the defendant were rejected and there is no need to repeat them. I consider that there is identity of parties and identifiable issues for issue estoppel to apply. 2.The application for leave to appeal is therefore dismissed with costs. The assessment will be dealt with on paper and the plaintiff is to file its statement of costs within 14 days in accordance with the Practice Direction.
Mr Ian Pennicott SC, instructed by Cheung & Lee, for the plaintiff Mr Timothy Parker, instructed by Massie & Clement, for the defendant | |||||||||||||||||||||
Cases cited in this judgment
Further hearings and rulings under HCCT 4/2012