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CACV 68/2010
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO. 68 OF 2010
(ON APPEAL FROM HCA NOS. 12021 OF 1998 AND 2183 OF 2001)
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HCA 12021 /1998
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO. 12021 OF 1998
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BETWEEN
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CHEONG SHING LIMITED |
Plaintiff |
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and |
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YU KWAN（余昆） |
Defendant |
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AND
HCA 2183 /2001
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO. 2183 OF 2001
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BETWEEN
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西安民生集團股份有限公司
(trading in its own name AND also trading in the name of
西安民生集團股份有限公司進出口公司otherwise known as西安民生集團進出口公司) |
1st Plaintiff |
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MINSHEN GROUP (HK) LIMITED |
2nd Plaintiff |
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and |
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LO KAM WING
（盧錦榮） |
1st Defendant |
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HON KWAI KING, KALEN
（韓桂琼） |
2nd Defendant |
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KONG KAI CHEUNG
（江繼祥） |
3rd Defendant |
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LEE WAI KEUNG
（李偉強） |
4th Defendant |
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CHEONG SHING LIMITED |
5th Defendant |
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(Consolidated by the Order of Deputy High Court Judge Muttrie dated 6 March 2002)
Before: Hon Rogers VP, Le Pichon JA and Stone J in Court
Date of Hearing: 13 October 2010
Date of Judgment: 13 October 2010
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J U D G M E N T
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Hon Rogers VP:
1. This is an application for leave to appeal to the Court of Final Appeal. It is made under what is commonly referred to as the “or otherwise” ground.
2. I do not propose to set out what has happened in this case, because that is set out in the reasons for judgment which this court gave on 30 July.
3. It has been the practice of this court, not immutable, but I do not recollect that there has been any exception to it, that when an application for leave to appeal is made on the basis of the “or otherwise” ground, we take the view that it really is a matter for the Court of Final Appeal to decide whether they wish to hear the case or not and, in the circumstances of this case, I consider that is the correct course.
Hon Le Pichon JA:
4. I agree.
Hon Stone J:
5. I also agree.
(Anthony Rogers)
Vice-President |
(Doreen Le Pichon)
Justice of Appeal |
(William Stone)
Judge of the Court of First Instance |
Mr Peter Ng SC and Mr Norman Nip, instructed by Messrs Gallant Y T Ho & Co, for the 1st and 2nd Plaintiffs in HCA2183/2001 and the Defendant in HCA12021/1998/Respondents
Mr Benjamin Chain, instructed by Messrs Chui & Lau, for the 3rd Defendant in HCA2183/2001/Applicant
Leave to appeal by the 3rd Defendant in HCA2183/2001 refused by Court of Final appeal. Please refer to FAMV40/2010 dated 18 March 2011 |