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Shum Man Shi v. Tsui Ming Kwan

Read the full judgment text of FAMV 5/1999 on BabelCite. This FAMV judgment was delivered on 3 June 1999 before Chief Justice Li, Mr Justice Litton PJ, Mr Justice Bokhary PJ.

Civil procedure – leave to appeal – Court of Final Appeal – section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) – partnership dispute – credibility – amount in dispute less than $1 million – no question of great general or public importance – application dismissed – no order as to costs.

Legal issues: Leave to appeal under s.22(1)(b) Cap.484

Outcome: Application for leave to appeal dismissed.

Case No.FAMV 5/1999
Court
FAMV
Date03 Jun 1999
JudgeChief Justice Li, Mr Justice Litton PJ, Mr Justice Bokhary PJ
Case Document
100%Judiciary

FAMV000005/1999

FAMV No. 5 of 1999

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 5 OF 1999 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV No. 232 OF 1998)

_____________________

Between:
SHUM MAN SHI Applicant
AND
TSUI MING KWAN Respondent

_____________________

Appeal Committee: Chief Justice Li, Mr Justice Litton PJ and Mr Justice Bokhary PJ

Date of Hearing: 3 June 1999

Date of Determination: 3 June 1999

______________________________

D E T E R M I N A T I O N

______________________________

Chief Justice Li:

1. This is the determination of the Appeal Committee.

2. The plaintiff (the applicant) and the defendant (the respondent) were partners. The dispute between them arises out of their partnership. The matter was tried in the District Court. Both parties were unrepresented. The trial judge gave judgment for the plaintiff on the claim in the sum of $7,295.67 and for the defendant on the counterclaim in the sum of $5,020.65. This results in the net sum of $2,275.02 in favour of the plaintiff. The defendant tried to pay. But the plaintiff refused payment. The trial judge also ordered the defendant to deliver an inventory of machinery parts to the plaintiff and to hand over the parts to the plaintiff.

3. The plaintiff appealed to the Court of Appeal. Both parties were again unrepresented. In dismissing the appeal on 2 February 1999, that Court said that it cannot interfere with the judgment of the trial judge who saw and heard the parties. The plaintiff's application to the Court of Appeal for leave to appeal to the Court of Final Appeal was dismissed on 30 March 1999.

4. The plaintiff has applied to us for leave. In his grounds he alleges that the defendant perjured himself and lied. Both he and the defendant are again unrepresented.

5. As was rightly held by the Court of Appeal, the matter in dispute amounts to or is of the value of much less than $1 million. So the matter is governed by section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484, which provides:

"(1) An appeal shall lie to the Court in any civil cause or matter -

(b) at the discretion of the Court of Appeal or the Court, from any other judgment of the Court of Appeal, whether final or interlocutory, if, in the opinion of the Court of Appeal or the Court, as the case may be, 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 for decision."

6. The trial turned mainly on the credibility of the parties. In our opinion, there is no question involved which is of any general or public importance let alone one of great general or public importance. And there is no reason why the matter ought "otherwise" to be submitted to the Court.

7. Accordingly, we dismiss the application for leave. The parties being unrepresented, we make no order as to costs.

(Andrew Li) (Henry Litton) (Kemal Bokhary)
Chief Justice Permanent Judge Permanent Judge

Representation:

Mr Shum Man Shi, applicant in person

Mr Tsui Ming Kwan, respondent in person