HA HAU KWAN FONG MARY v. THE INCORPORATED OWNERS OF GOLDEN PLAZA

HCCT9/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTRUCTION AND ARBITRATION PROCEEDINGS
NO.9 OF 2002

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D E C I S I O N

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1. On 16 May 2002, I dismissed the applicant's application for leave to appeal from an arbitration award dated 4 January 2002 from Mr Steven Foo. By the present application, the applicant seeks leave to appeal from my decision. It appears from a consideration of section 23(7) of the Arbitration Ordinance and section 14(ea) of the High Court Ordinance that leave to appeal is required only from a substantive appeal under section 23 of the Arbitration Ordinance. There has been no substantive appeal in view of my refusal to grant leave.

2. In these circumstances, I am of the view that no leave to appeal is required to appeal from a refusal to grant leave to appeal from an arbitration award. I note that this was exactly what had been assumed to be the position in Downer & Company Limited v. The Airport Authority [2000] 1 HKLR 556. The application is therefore dismissed.