PO YUEN (TO'S) MACHINE FTY. LTD. v. CHAN SIU KING

CACV 209/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 209 OF 2002

(ON APPEAL FROM DCCJ 13902 OF 2001)

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D E C I S I O N

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Hon Mayo VP (giving the decision of the Court):

1. We have given this application our anxious consideration. We are not satisfied on the basis of the evidence which is before us that the defendant's application for legal aid will necessarily be refused. Over and above this we take cognisance of the fact that Mr Chain for the plaintiff accepts that he cannot on the available evidence demonstrate prejudice to his client if the stay is not lifted. We have decided accordingly to refuse this application and order that an early date be fixed for the hearing of the substantive appeal.

2. Costs reserved.