Read the full judgment text of CACV 54/2016 on BabelCite. This Court of Appeal judgment was delivered on 13 January 2017 before Lam VP, Kwan JA, Au J.
Hin-Pro International Logistics Limited sought leave to appeal to the Court of Final Appeal from the Court of Appeal's dismissal of its appeal against Ng J's order granting leave to amend a creditor's winding-up petition to include post-petition debts. The Company raised five questions concerning the applicability of the Eshelby rule, the relation back theory, the effect of post-1997 English decisions, stare decisis, and the appropriateness of allowing amendment. The Court of Appeal (Lam VP, Kwan JA, Au J) held that none of the questions satisfied the test for leave under s.22(1)(b) of the Hong Kong Court of Final Appeal Ordinance – they were either academic, based on misunderstanding, without substance, not of great general or public importance, or not exceptional. The application was dismissed with costs assessed on a gross sum basis at $106,747, reducing the claimed $166,747 as the engagement of both senior and junior counsel was excessive for a paper application.
Legal issues: Application for leave to appeal to Court of Final Appeal
Outcome: Application for leave to appeal to the Court of Final Appeal dismissed.
Cited by 9 cases · Cites 1 case