PACIFIC CENTURY REGIONAL v. DEVELOPMENTS LTD ANOTHER

CACV295/2004

 IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 295 OF 2004

(ON APPEAL FROM HCA NO. 3552 OF 2003)

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J U D G M E N T

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Hon Rogers VP:

1.          This is an appeal from a ruling of Deputy High Court Judge Saunders given at a hearing on 12 August 2004.  The application before the judge was an application that the trial date which had been fixed should be vacated and re-fixed so that it would come after the hearing of what has been referred to as ‘the employment action’. 

2.          The judge’s ruling was commendably short and I do not wish in this judgment to do anything which would indicate that it should have been anything other than short and I do not wish to lengthen this myself.  Very briefly, the judge came to the conclusion that the live issue will be whether or not the two documents should be read together and construed together and what the consequences of that will be in the light of the fact that it is common ground that the service agreement had been terminated. 

3.          In my view, looking at the pleadings, the judge was correct.  The matters raised in paragraph 22 of the defence are not the matters which Mr Tong SC has sought to raise this morning.  Although there is a reference in paragraph 26(2) that “PCIH was in breach of the Service Agreement which was accepted by the Defendant”, the allegation in paragraph 22 simply relies on the termination of the employment agreement.  In those circumstances I am not disposed to alter the judge’s ruling and, in my view, on the pleadings as they stand at the moment, the trial should go ahead.

Hon Le Pichon JA:

4.          I agree.