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HCMP 2564/2007
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
MISCELLANEOUS PROCEEDINGS NO. 2564 OF 2007
(ON AN INTENDED APPEAL FROM DCPI NO. 1166 OF 2007)
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BETWEEN
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CHUCK WAI MAN |
Plaintiff |
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and |
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ASIA TELEVISION LIMITED |
Defendant |
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Before : Hon Tang VP and Sakhrani J in Court
Date of Hearing : 25 January 2008
Date of Decision : 25 January 2008
Date of Reasons for Decision : 30 January 2008
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REASONS FOR DECISION
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Hon Tang VP (giving the reasons for decision of the Court) :
1. As Deputy District Judge Yiu has pointed out, the practice of the court has been to disapply section 27 of the Limitation Ordinance, Cap. 347, where no prejudice has been occasioned to a defendant by the delay.
2. It is not apparent from the decision on what basis the learned Deputy District Judge came to the conclusion that the prejudice to the defendant outweighed the prejudice to the plaintiff.
3. It may be he came to that conclusion because he thought that the delay was the fault of the defendant and that the defendant has had the benefit of a payment of “not less than $10,000” by the defendant. If so, it is arguable that these reasons are irrelevant to the question whether any prejudice has been occasioned to the defendant by the delay.
4. For these reasons, we gave leave to appeal with costs in the appeal.
(Robert Tang)
Vice-President |
(Arjan H Sakhrani)
Judge of the Court of First Instance |
Mr Albert Yau, instructed by Messrs Lau, Chan & Ko, for the Plaintiff.
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