Remedy Asia Ltd v. Yick Shing Contractors Ltd

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

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D E C I S I O N

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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