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Miscellaneous Proceedings (Civil)2002

CHOW KAM FAI, DAVID v. RAMBAS MARKETING CO., LLC

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21163-EN-2002-09-30

CHOW KAM FAI, DAVID v. RAMBAS MARKETING CO., LLC

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FAMV000008/2002

FAMV No. 8 of 2002

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 8 OF 2002 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NO. 1055 OF 2001)

_____________________

Between:
CHOW KAM FAI, DAVIDApplicant
AND
RAMBAS MARKETING CO., LLCRespondent

_____________________

Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing: 30 September 2002

Date of Determination: 30 September 2002

_____________________________

D E T E R M I N A T I O N

_____________________________

Mr Justice Bokhary PJ:

1. Judgment has been obtained against the applicant, and no appeal has been brought against that judgment. In such circumstances, this application for leave to appeal to the Court of Final Appeal with a view to obtaining a stay of the proceedings on the ground of forum non-conveniens is not competent. It is dismissed.

[Mr John Griffiths SC for the respondent asked for costs, and Mr Ronny Tong SC for the applicant indicated that he did not oppose costs.]

Mr Justice Bokhary PJ:

2. With costs.

(Kemal Bokhary)(Patrick Chan)(R.A.V. Ribeiro)
Permanent JudgePermanent JudgePermanent Judge

Representation:

Mr Ronny K.W. Tong SC and Mr Russell Coleman (instructed by Messrs Wilkinson & Grist) for the applicant

Mr John Griffiths SC and Mr Anthony Houghton (instructed by Messrs Deacons) for the respondent