14 Dec 2011
BAKER & MCKENZIE (A FIRM) v. THE GRANDE HOLDINGS LTD AND OTHERS
- Citation
- BAKER & MCKENZIE (A FIRM) v. THE GRANDE HOLDINGS LTD AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV102/2011
A single judge of the Court of Appeal has jurisdiction under s.35 HCO to hear an application for an unless order provided the application itself does not determine the appeal; the Court of Appeal also possesses inherent jurisdiction to strike out notices of appeal, but the exercise of that jurisdiction by making an unless order is discretionary and should be refused where the plaintiff has not pursued less draconian enforcement methods and where the underlying appeal has been held to have reasonable grounds; accordingly the summons for an unless order was dismissed and costs ordered to follow…