civil appeal no. 52 of 2007
(on appeal from DCEC NOS. 493 of 2000 AND 30 OF 2001)
AND IN THE MATTER OF AN APPLICATION BETWEEN:
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ATIQ-UR-REHMAN on his own behalf and on behalf of the
dependants of SAIF-UR-REHMAN otherwise known as
MOHAMMAD SHEHZAD, deceased
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Applicant |
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and |
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PAUL Y. - SELI JOINT VENTURE |
Respondent |
[Consolidated by Order of H.H. Judge Carlson dated 28th December 2001
and de-consolidated by Order of H.H. Judge Ng dated 18th day of March 2005]
Before: Hon Rogers VP in Chambers
Date of Hearing: 4 July 2007
Date of Decision: 4 July 2007
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D E C I S I O N
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1. I have considered this application. I have read through the judgments again. I regret that I feel it necessary to refuse this application. I say regret because my major concern in this case is that costs have been run up and are being run up by parties who can ill afford it. Nevertheless, the substance of this application, when cut to the root, is that this case could have been ready and it is a question of lack of funds, which has meant that it is not ready. Unfortunately, in our system, that is not a basis for granting an adjournment.
2. The transcript is ready. I do not know when it was ready. It was asked for I am told in March. It must have been ready fairly soon thereafter. There is a large sum to be paid for it and, quite understandably, the 1st Applicant cannot afford it at the moment or, at least, has to borrow more money as well as money for his legal costs. I am sorry that that is not a ground for granting an adjournment.
(Submissions re costs)
3. Costs in the appeal.
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(Anthony Rogers)
Vice-President |
Ms Angela Gwilt, instructed by Messrs Quan & Co, for the Applicant in DCEC493/2000 (1st Applicant)/Appellant
Mr John Wright, instructed by Messrs Burke, Fung & Li, for the Applicant in DCEC30/2001 (2nd Applicant)/Respondent
Messrs Deacons, for the Respondent /Respondent, absent