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FAMV No. 6 of 2006
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 6 OF 2006 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACV NO. 86 OF 2005)
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Between:
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POON CHAU NAM |
Applicant |
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and |
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YIM SIU CHEUNG trading as YAT CHEUNG
AIRCONDITIONING & ELECTRIC CO. |
Respondent |
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| Appeal Committee:
Mr Justice Bokhary PJ, Mr Justice Chan PJ and
Mr Justice Ribeiro PJ |
| Date of Hearing: |
22 May 2006 |
| Date of Determination: |
22 May 2006 |
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D E T E R M I N A T I O N
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Mr Justice Bokhary PJ:
1. We are of the opinion that in connection with lack of mutuality of obligation and perhaps more generally too, there are questions of law which are relevant to the proper disposal of the present case and which, by reason of their great general or public importance, ought to be submitted to the Court of Final Appeal for decision. Accordingly we grant leave to appeal to the Court of Final Appeal.
2. The costs of this application will be costs in the appeal. There will be an order for legal aid taxation of the applicant’s costs.
(Kemal Bokhary)
Permanent Judge |
(Patrick Chan)
Permanent Judge |
(R.A.V. Ribeiro)
Permanent Judge |
Ms Alice Mok SC and Mr Neal Clough (instructed by the Legal Aid Department) for the applicant
Mr Kam Cheung (instructed by Messrs Chiu, Szeto & Cheng) for the respondent
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