GUESS?, INC AND OTHERS v. LEE SECK MON AND OTHERS

IN THE COURT OF APPEAL

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J U D G M E N T

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Kempster, J. A. :

1. This is an application by the plaintiffs in these proceedings, made pursuant to Rule 2(b) of the Order regulating appeals from this Court to Her Majesty in Council, for leave to appeal against our decision handed down on 2nd December 1988.

2. In support of the application Mr Ribeiro has posed a number of questions which he submits could properly be considered on appeal. Having heard his submissions and those of Mr Rogers, on behalf of the defendants, we are not satisfied that such questions arise at this particular juncture or from our judgment or are such as to warrant submission to Her Majesty in Council for decision as being of great general or public importance. In any event we would not regard it as a proper exercise of our discretion in the circumstances of this case to grant leave calculated to impose a substantial moratorium on the prosecution of the plaintiffs' own claim. This Court has a responsibility to insure that matters coming before the courts of Hong Kong attain as early a resolution as can fairly and properly be achieved. In the light of these factors we think it inappropriate to grant the application which is refused.