Read the full judgment text of CACV 000003/1992 on BabelCite. This Court of Appeal judgment was delivered on 15 January 1993 before Sir Derek Cons V.-P., Fuad V.-P., Power J.A..
Civil procedure – leave to appeal to Privy Council – great general and public importance – conflict of laws – Dicey rule 205(2) – whether sub-rule (2) of rule 205 of the 9th edition of Dicey and Morris correctly expresses Hong Kong law – stare decisis – Young v Bristol Aeroplane – whether Court of Appeal correctly bound itself to previous decisions – amendment after limitation period – contingent leave – Hui Shiu Wing v Cheung Yuk Wing – exceptional circumstances – leave granted in part, refused in part – the Court of Appeal granted leave on the first two questions concerning conflict of laws but refused on the stare decisis and contingent amendment questions.
Legal issues: Leave to appeal on conflict of laws questions · Leave to appeal on stare decisis questions · Leave to appeal on contingent amendment question
Outcome: Leave to appeal to the Privy Council granted on the first two questions raised by the defendant; leave refused on the third and fourth questions; leave refused on the contingent question raised by the plaintiffs.