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DCCJ012206B/2000
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CIVIL ACTION NO. 12206 OF 2000
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| BETWEEN |
Lau Hing Wan |
1st Plaintiff |
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Chiu Lai Ha, Yvonne |
2nd Plaintiff |
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AND |
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So Wing Yee |
1st Defendant |
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Anka Lung |
2nd Defendant |
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Coram: H H Judge Carlson in Chambers
Date of Judgment: 12 February 2001
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RULING
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1. I am not going to give leave to appeal in this matter, Mr Fung. I take the view that really you have not shown that your complaint is sufficiently arguable. The matter is clearly curable by amendment, in my view. The point is, of course, highly interlocutory. It would not, in any event, dispose of the action between the parties and I think I should not, in addition, where the matter is interlocutory and not determinative of the action as a whole, I should not really set the Court of Appeal's agenda. If that court takes the view that it ought to entertain an appeal, of course it can do so if you decide to renew this application to that court.
2. So I am afraid, for those reasons, I refuse you leave.
3. Costs ought to follow the event today, the plaintiffs will have to have their costs of today in any event.
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Signed |
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Ian Carlson |
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District Court Judge |
Representation:
Mr George Lam, of C T Chan & Co, for both Plaintiffs
Mr Fung SW, of Messrs Chan, Leung & Cheung, for both Defendants
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I/we certify that to the best of my/our ability and skill, the foregoing is a true transcript of the audio recording of the above proceedings. |
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..................................................................... |
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Liz Shore |
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13 February 2001 |
Representation:
Mr George Lam, of C T Chan & Co, for both Plaintiffs
Mr Fung SW, of Messrs Chan, Leung & Cheung, for both Defendants
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