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.