The Judicial Committee of the Privy Council Decisions

Privy Council Appeal No. 9 of 1997

 

Michael Edward Ashton Ford Appellant

v.

(1) China Light & Power Company Limited and

(2) Castle Peak Power Limited Respondents

 

FROM

 

THE COURT OF APPEAL OF HONG KONG

 

---------------

ORAL JUDGMENT OF THE LORDS OF THE JUDICIAL

COMMITTEE OF THE PRIVY COUNCIL,

Delivered the 14th April 1997

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Present at the hearing:-

Lord Goff of Chieveley

Lord Slynn of Hadley

Lord Lloyd of Berwick

Lord Hoffmann

Sir Christopher Slade

  ·[Delivered by Lord Goff of Chieveley]

 

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1. Their Lordships are very grateful to Lord Thomas of Gresford for his submissions but they are unable to accept his invitation that they should embark upon a hearing on the merits.  In the circumstances they propose simply to make an order in the terms of the concession of Mr. Beloff, that the Court of Appeal erred in holding that they had no power to consider the written submissions of the appellant, Mr. Ford.

 

 Their Lordships will humbly advise Her Majesty that the appeal should be allowed, the judgment of the Court of Appeal on the cross-appeal set aside and the cross-appeal remitted to the Court of Appeal.  There will be no order as to costs.  There will be an undertaking in the terms which their Lordships have discussed and which their Lordships hope will be agreed between the parties, but if necessary there will be liberty to apply.

 

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