MUNG CHI KEUNG v. CHAN KAM WONG AND ANOTHER

cacv 374/2005

in the high court of the

hong kong special administrative region

court of appeal

civil appeal no. 374 of 2005

(on appeal from DCEC NO. 299 of 2005)

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REASONS FOR JUDGMENT

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Hon Rogers VP:

1.  At the hearing of this appeal, the appellant, who appeared in person, stated that he had not wished to commence proceedings against Mr Chan Kam Wong, the first respondent, and that he had had no wish to bring this appeal.  In those circumstances this court was left with no option but to dismiss the appeal.

2.  When the order was made permitting the appellant's previous solicitors to cease to act, an additional order was made that they should, within 21 days of the judgment in this appeal, make and file an affidavit serving a copy on the appellant's present solicitors, to show cause as to why all costs in relation to this appeal incurred by the appellant should not be borne by them.  Accordingly on this appeal the question of costs was reserved with liberty to the second respondent to apply.

Hon Sakhrani J:

3.  I agree with the reasons given by Rogers VP and have nothing to add.