Read the full judgment text of CACV 3749/2001 on BabelCite. This Court of Appeal judgment was delivered on 9 January 2003 before Woo JA, Yuen JA.
Civil procedure – appeal – leave to appeal to Court of Final Appeal – composition of Court of Appeal under s.34B(4)(a) of the High Court Ordinance – whether two-Justice Court of Appeal is duly constituted – application arising from Order 14A reference under High Court Rules – whether Order 14A determination that is finally determinative of one issue but not finally dispositive of the entire action is a final or interlocutory order for purposes of appeal to Court of Appeal – distinction from B + B Construction Ltd v Sun Alliance and London Insurance Plc [2001] HKLRD 1 where Order 14A point was agreed to be finally dispositive of entire action – s.14(5) High Court Ordinance point raised by Respondent not argued and not considered – issue arguable and suitable for CFA determination – leave granted under s.22(1)(b) Court of Final Appeal Ordinance – Court of Appeal (Woo and Yuen JJA) sitting on application for leave
Legal issues: Whether an Order 14A determination that is finally determinative of one issue but not the entire action is final or interlocutory for appeal purposes
Outcome: Leave to appeal to the Court of Final Appeal granted on the identified issue of whether the Order 14A determination is final or interlocutory
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