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HCMP 1111/2006
in the high court of the
hong kong special administrative region
court of appeal
MISCELLANEOUS PROCEEDINGS no. 1111 of 2006
(on appeal from DCCJ NO. 2056 of 2004)
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BETWEEN
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WING LEE ENGINEERING & TECHNICAL |
Plaintiff |
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SERVICES LIMITED |
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and |
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ALLIANCE BUILDING SERVICES
ENGINEERING LIMITED
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Defendant |
Before: Hon Le Pichon JA and Kwan J in Court
Date of Hearing: 9 August 2006
Date of Decision: 9 August 2006
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D E C I S I O N
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Hon Le Pichon JA:
1. This is a renewed application for leave to appeal from the judgment dated 21 March 2006 of Deputy DJ W K Kwok. The application for leave before the judge had been refused and had also been refused by Yeung JA.
2. The underlying action was a judgment in favour of the plaintiff in respect of $214,046 which the judge found was due and payable to the defendant under an agreement reached by the parties and/or alternatively under section 43(F) of the Employment Ordinance.
3. Having heard the submissions of Mr Fong who appeared for the defendant, I am satisfied that the appeal is arguable and I am therefore minded to grant leave.
Hon Kwan J:
4. I too am satisfied that leave to appeal should be granted in this application.
(Submission re costs)
Hon Le Pichon JA:
5. Costs of and incidental to this application, including the costs below, be costs in the cause of the appeal.
(Doreen Le Pichon)
Justice of Appeal |
(Susan Kwan)
Judge of the Court of First Instance |
Mr Raymond Fong, instructed by Messrs Fung, Wong, Ng & Lam, for the Defendant/Applicant
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