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CACV000001A/2003
CACV 1/2003
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO. 1 OF 2003
(ON APPEAL FROM HCA NO. 4246 OF 2001)
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ALLIED GROUP LIMITED |
1st Plaintiff |
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ALLIED PROPERTIES (HK) LIMITED |
2nd Plaintiff |
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AND |
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THE SECRETARY FOR JUSTICE |
1st Defendant |
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NICHOLAS CHARLES ALLEN |
2nd Defendant |
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Coram: Hon Rogers VP, Le Pichon and Cheung JJA in Court
Date of Hearing: 1 April 2004
Date of Judgment: 1 April 2004
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J U D G M E N T
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Hon Rogers VP:
1. Quite apart from the fact that in my view a question of whether a case should be heard by the Court of Final Appeal on the basis that it involves a matter of great general or public importance is a matter which is primarily a matter for that court, this is an interlocutory matter. Many of the questions sought to be raised are fact sensitive and would be better dealt with after trial.
2. Furthermore, satellite litigation is not to be encouraged unless it serves a useful purpose. I do not consider that such a purpose is shown here for an appeal to be taken at this stage.
3. I, for my part, would therefore not be disposed to grant leave to appeal.
Hon Le Pichon JA:
4. I agree.
Hon Cheung JA:
5. I agree.
| (Anthony Rogers) |
(Doreen Le Pichon) |
(Peter Cheung) |
| Vice-President |
Justice of Appeal |
Justice of Appeal |
Representation:
Mr Charles Manzoni and Mr Steven Kwan, instructed by Messrs Leland Chu & Co., for the 1st and 2nd Plaintiffs/Respondents
Mr Jat Sew-Tong SC and Mr Daniel Wan, instructed by Messrs Linklaters, for the 1st Defendant/1st Applicant
Mr Michael Bunting SC and Mr Godfrey Lam, instructed by Messrs Herbert Smith, for the 2nd Defendant/2nd Applicant
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