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FAMV Nos 36-39 of 2015
FAMV Nos 36 & 37 of 2015
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NOS 36 & 37 OF 2015 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACV NOS 34 & 124 OF 2014)
____________________
BETWEEN
| |
BEIJING TONG GANG DA SHENG TRADE CO LTD
北京通港達盛商貿有限公司 (as assignee of GREATER BEIJING REGION EXPRESSWAYS LIMITED)
|
Plaintiff/
Respondent |
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- and - |
|
| |
ALLEN & OVERY (a firm) |
1stDefendant/
Applicant
|
| |
NIGEL ALEXANDER CARLISLE AIKEN
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2nd Defendant
|
____________________
FAMV Nos 38 & 39 of 2015
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NOS 38 & 39 OF 2015 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACV NOS 34 & 124 OF 2012)
____________________
BETWEEN
| |
BEIJING TONG GANG DA SHENG TRADE CO LTD
北京通港達盛商貿有限公司 (as assignee of GREATER BEIJING REGION EXPRESSWAYS LIMITED)
|
Plaintiff/
Respondent |
| |
- and -
|
|
| |
ALLEN & OVERY (a firm)
|
1stDefendant
|
| |
NIGEL ALEXANDER CARLISLE AIKEN
|
2nd Defendant/ Applicant
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____________________
| Appeal Committee: Mr Justice Tang PJ, Mr Justice Chan NPJ and
Mr Justice Stock NPJ |
| Date of Hearing: 3 February 2016 |
| Date of Determination: 3 February 2016 |
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DETERMINATION
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Mr Justice Tang PJ:
1. We grant leave to appeal on the following question of great general or public importance, namely, “under what circumstances would an issue of limitation arise on an application for leave under O 20 r 5?”, as well as on the “or otherwise” ground.
| (Robert Tang) |
(Patrick Chan) |
(Frank Stock) |
| Permanent Judge |
Non-Permanent Judge |
Non-Permanent Judge |
Mr Victor Dawes SC and Mr James Man, instructed by Deacons, for the 1st defendant / applicant in FAMV Nos 36 & 37/2015
Mr Victor Dawes SC and Mr James Man, instructed by Kennedys, for the 2nd defendant / applicant in FAMV Nos 38 & 39/2015
Mr Paul Carolan, instructed by Cheng, Yeung & Co, for the respondent
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