KNIGHT JOHN LEE v. GLOBAL FORCE LTD t/a THE MIX

HCMP 2450/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 2450 OF 2009

(ON AN INTENDED APPEAL FROM DCCJ NO. 5534 OF 2007)

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BETWEEN

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D E C I S I O N

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Hon Rogers VP:

1.  I do not consider that there is any reasonable prospect of the plaintiff being able to set aside the judgment of HH Judge Mimmie Chan. I would therefore refuse leave to appeal.

2.  In the circumstances, I would refuse this application for leave to appeal and make an order under Order 59 rule 2A(8) that since this application is totally without merit, no party may request the determination to be reconsidered at an oral hearing inter partes. I would make an order nisi that the costs of this application be to the defendant.

Hon Le Pichon JA:

3.  I agree.