Li Nanfeng v. Wong Chun Hong

CACV 547/2019

[2021] HKCA 1626

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 547 OF 2019

(ON APPEAL FROM HCA NO 3447 OF 2016)

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BETWEEN

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J U D G M E N T

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Hon Yuen JA (giving the Judgment of the Court):

1.On 12 August 2021, this court gave judgment dismissing the defendant’s appeal from the judgment of DHCJ Simon Leung given on 21 November 2019 (“the CFI Judgment”)  entering summary judgment against him. On 18 August 2021, our Reasons for Judgment (“the CA Judgment”)  were handed down.

2.1.On 8 September 2021, the defendant filed a notice of motion applying for leave to appeal the CA Judgment to the Court of Final Appeal (“CFA”).

2.2.Directions were given for written submissions which have been filed and which we have considered.

3.The 4 questions in the proposed appeal said to be of great general or public importance are case-specific, deal with concurrent findings of fact, and in our view, raise no question of law meriting consideration by the CFA.

4.As for the “or otherwise” limb, it is the practice of this court not to give leave on this limb, but to leave it to the CFA.

5.For the reasons above, we dismiss the application for leave with costs to the respondent/plaintiff which we would summarily assess at $280,000.

Mr Bernard Man SC and Mr Alan C Y Yung, instructed by Hastings & Co, for the plaintiff

Mr Johnny Mok SC and Mr Lee Yee Hung, instructed by Michael Cheuk, Wong & Kee, for the defendant