Case Details

Citation

HO MOH v. LAM YIU KEUNG t/a YIU SUN CONSTRUCTION ENGINEERING CO. AND ANOTHER, HCMP 2033/2001

Case Number

HCMP 2033/2001

Court

Court of First Instance

(CFI)

Decision Date

24 October 2001

Parties

Applicant(s):

HO MOH

Respondent(s):

LAM YIU KEUNG trading as YIU SUN CONSTRUCTION ENGINEERING COMPANY, KWONG KEY CONSTRUCTION AND ENGINEERING LIMITED

For Applicant(s):

Mr John Wright, instructed by Messrs Miller Peart

For Respondent(s):

Ms Alice Tsang, instructed by Messrs Tsang, Chan & Wong

HO MOH v. LAM YIU KEUNG t/a YIU SUN CONSTRUCTION ENGINEERING CO. AND ANOTHER

HCMP 2033/2001

Court of First Instance24 October 2001

HCMP002033/2001 HO MOH v. LAM YIU KEUNG t/a YIU SUN CONSTRUCTION ENGINEERING CO. AND ANOTHER

HCMP002033/2001

HCMP 2033/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 2033 OF 2001

(ON AN INTENDED APPEAL FROM HCPI 1251 OF 1998)

_______________________

BETWEEN
	HO MOH	Plaintiff

	AND

	LAM YIU KEUNG trading as YIU SUN CONSTRUCTION ENGINEERING COMPANY	1st Defendant
	KWONG KEY CONSTRUCTION AND ENGINEERING LIMITED	2nd Defendant

_______________________

Coram: Hon. Rogers, VP, and Le Pichon, JA in Court

Date of Hearing: 24 October 2001

Date of Judgment: 24 October 2001

_______________________

J U D G M E N T

_______________________

Hon. Rogers VP:

1. I do not propose to give a lengthy judgment in this case. This is an application for leave to appeal out of time. The reasons for the delay have been explained. There have been two episodes of delay and I am satisfied that these can largely be put at the door of the legal advisers and not at the door of the plaintiff.

2. In so far as there are merits in this case, it seems to me that this is a matter which needs to go to an appeal for those merits to be decided. On my view of the situation, this is a case where there should be a full appeal on this matter. I would therefore extend time for appealing, accordingly.

Hon. Le Pichon JA:

3. I agree.

(Anthony Rogers)	(Doreen Le Pichon)
Vice-President	Justice of Appeal

Representation:

Mr John Wright, instructed by Messrs Miller Peart, for the Plaintiff/ Applicant

Ms Alice Tsang, instructed by Messrs Tsang, Chan & Wong, for the Defendants/Respondents

Citation

Court

Procedural posture

Issues

Holdings

Legal principles

Disposition

Appeal history

HO MOH v. TAM YIU KEUNG t/a YIU SUN CONSTRUCTION ENGINEERING CO. AND ANOTHER
CFI · 12 Dec 2000
On appeal from
HO MOH v. LAM YIU KEUNG t/a YIU SUN CONSTRUCTION ENGINEERING CO. AND ANOTHER
CFI · 24 Oct 2001
This judgment
HO MOH v. TAM YIU KEUNG t/a YIU SUN CONSTRUCTION ENGINEERING CO AND ANOTHER
CA · 20 Feb 2003
On appeal from