Cheng Lai Kwan v. Nan Fung Textiles Ltd
Read the full judgment text of FAMV 13/1998 on BabelCite. This FAMV judgment was delivered on 10 July 1998 before Nazareth Atg CJHC, Mortimer V-P, Leong JA.
Civil procedure – leave to appeal to Court of Final Appeal – Hong Kong Court of Final Appeal Ordinance s.22(1)(a) and (b) – quantum of general damages – workplace injury sustained January 1989 – liability not disputed – whether conditional leave available under s.22(1)(a) where matter is one of general damages only – whether question is of great general or public importance under s.22(1)(b). Applicant sustained workplace injuries in January 1989; liability not disputed; award of damages made by Yam J. Applicant's appeal to the Court of Appeal was confined to quantum of general damages, and was dismissed on 28 April 1998. Application for leave to appeal to the Court of Final Appeal was heard by Nazareth Atg CJHC, Mortimer V-P and Leong JA on 10 July 1998. Held, conditional leave under s.22(1)(a) unavailable because a claim confined to general damages cannot satisfy the $1m threshold, following the principle in Zuliana and Veira [1994] 1 WLR 1149. Held further, no question of great general or public importance was identified under s.22(1)(b); the application merely rehearsed quantum arguments already considered. Leave refused; respondent represented by Miss Christina Lee of M/s Cheng, Yeung & Co; applicant appeared in person.
Legal issues: Whether conditional leave under s.22(1)(a) of the Hong Kong Court of Final Appeal Ordinance is available for a claim confined to general damages · Whether leave should be granted under s.22(1)(b) on the basis of great general or public importance
Outcome: Application for leave to appeal to the Court of Final Appeal refused.
Cited by 13 cases
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IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL
----------------- Coram: Hon Nazareth Atg CJHC, Mortimer V-P and Leong JA in Court Date of Hearing: 10 July 1998 Date of Judgment: 10 July 1998 ----------------- JUDGMENT ----------------- Nazareth Atg CJHC (giving the judgment of the Court): 1. This is an application by Madam Cheng Lai-kwan for leave to appeal to the Court of Final Appeal against the decision of this Court given on 28 April 1998. By that decision, this Court dismissed her appeal against the award of damages given by Yam J. 2. The applicant unfortunately sustained workplace injuries in January 1989. Liability was not disputed and ultimately the matter came to Yam J. He made an award of damages with which she remains dissatisfied. She appealed to this Court purely on the quantum of general damages. She could accordingly now obtain leave only under two heads. First, conditional leave under s.22(1)(a) of the Hong Kong Court of Final Appeal Ordinance, if the matter in dispute were of the value of $1m or more. But the claim is one in general damages and upon the principle in Zuliana and Veira [1994]1 WLR at 1149, she cannot be entitled under that provision. 3. The other provision is paragraph (b) of s.22(1) under which, in the discretion of this Court, she may obtain leave if in the opinion of this Court the question involved in the appeal is one which by reason of its great general or public importance, or otherwise, ought to be submitted to the Court of Final Appeal for decision. The applicant has not been able to identify any such question nor does it appear to us that there is any such question. All she is inclined to do is rehearse the complaints we listened to at great length at the hearing of the appeal. 4. Leave is refused.
Representation: Miss Christina Lee (M/s Cheng, Yeung & Co) for the Respondent Applicant in person Application for leave to appeal to Court of Final Appeal by the Plaintiff/Applicant. Application is dismissed. Please refer to the appeal judgment of FAMV13/1998. |
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