VIGOUR LTD v. HYUNDAI ENGINEERING AND CONSTRUCTION CO LTD

FAMV No. 4 of 2006

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

 MISCELLANEOUS PROCEEDINGS NO. 4 OF 2006 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACV NO. 128 OF 2004)

_____________________

Between:

	VIGOUR LIMITED	Applicant
	and
	HYUNDAI ENGINEERING AND CONSTRUCTION COMPANY LIMITED	Respondent

_____________________

Appeal Committee :

Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing :	22 May 2006
Date of Determination :	22 May 2006

 

______________________

DETERMINATION

______________________

 

Mr Justice Bokhary PJ:

The points of law put forward on behalf of the applicant are not reached in the peculiar circumstances of this case.  We refrain from saying anything that might prejudge any of those points, which may yet reach the Court in some other case in the future.  Leave to appeal is refused. 

[The respondent seeking the costs of the application and the applicant not resisting them, those costs were awarded to the respondent.]

 

 

(Kemal Bokhary) Permanent Judge

(Patrick Chan) Permanent Judge

(R.A.V. Ribeiro) Permanent Judge

 

Mr Benjamin Yu SC and Mr Godfrey Lam (instructed by Messrs Woo, Kwan, Lee & Lo) for the applicant

Mr Michael Thomas SC (instructed by Messrs Masons) for the respondent