25 May 2004
HIP HING TIMBER COMPANY LTD v. TANG MAN KIT and FOO TAK CHING
- Citation
- HIP HING TIMBER COMPANY LTD v. TANG MAN KIT and FOO TAK CHING
- Court
- Court of Final Appeal
- Case number
- FACV11/2003
To avoid a jurisdictional nullity and ensure an effective appeal path the court directed the hearing to be stood down so the parties could file a s.34B(4)(c) consent and obtain a fresh handing-down by a properly constituted Court of Appeal (which must grant leave to appeal), because Yuen J's decision on the principal issue appeared to be final and therefore any appeal to a two-member Court of Appeal can proceed only under s.34B(4)(c), pursuant to the principle in Shell Hong Kong Ltd v Yeung.