SNE ENGINEERING CO LTD v. HSIN CHONG CONSTRUCTION CO LTD AND ANOTHER

HCMP 2636/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 2636 OF 2012

(ON AN INTENDED APPEAL FROM HCA 1466 OF 2012)

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BETWEEN

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D E C I S I O N

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Hon Cheung JA (giving decision of the Court) :

1.  The basis for refusing to strike out the statement of claim and the particulars of infringement is sufficiently set out in the judgment of Mr. Recorder Patrick Fung S.C. We are not satisfied that there is any reasonable prospect of success in the intended appeal. Accordingly leave to appeal is refused with costs to the plaintiff. The 1^st defendant is required to lodge written submissions to the plaintiff’s statement of costs within 14 days.

2.  We will, pursuant to Order 59, Rule 2A(8) of the Rules of the High Court, order that the 1^st defendant is not allowed to apply for an oral hearing to reconsider his application.