Read the full judgment text of FAMV 43/2022 on BabelCite. This Court of Final Appeal judgment was delivered on 22 February 2022 before Ribeiro PJ, Fok PJ, Lam PJ.
Civil procedure – service out of jurisdiction – Order 11 rule 1(1)(f) (Gateway F) – tort committed outside Hong Kong – damage sustained within jurisdiction – interpretation of 'damage' – whether limited to direct damage or extends to indirect or consequential damage – Employees Compensation Assistance Ordinance (Cap 365) s.33(d) – claim for compensation for injury to employee engaged outside Hong Kong by employer outside Hong Kong with no place of business in Hong Kong – leave to appeal – great general or public importance – obiter dicta of UK Supreme Court – persuasive weight – Court of Final Appeal – Appeal Committee – leave granted on two questions – application dismissed on one question – appeal listed for hearing on 19 May 2022
Legal issues: Interpretation of 'damage sustained within the jurisdiction' under Gateway F · Whether Court of Appeal correctly approached obiter dicta of UK Supreme Court · Applicability and consequences of section 33(d) of Cap 365
Outcome: Leave to appeal granted in part; application for leave to appeal on Question 2 (regarding UK Supreme Court obiter dicta) dismissed; leave granted on Question 1 (interpretation of 'damage' under Gateway F) and new Question 2 (applicability of section 33(d) of Cap 365).
Cited by 2 cases · Cites 3 cases