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Lee Pui Kuen v. Asia Television Ltd.

Read the full judgment text of FAMV 29/2000 on BabelCite. This FAMV judgment was delivered on 8 December 2000 before Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ.

1. As to the first ground on which leave to appeal to the Court of Final Appeal is sought, the proposed question of law is in effect whether the principles governing applications for striking out and dismissal for want of prosecution have been put in doubt by the Court of Appeal and therefore need restatment by the Court of Final Appeal. We are not persuaded that such a situation has arisen in the present case.

Outcome: Leave to appeal refused.

Case No.FAMV 29/2000
Court
FAMV
Date08 Dec 2000
JudgeMr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ
Case Document
100%Judiciary

FAMV000029/2000

Not for circulation
FAMV No. 29 of 2000

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 29 OF 2000 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACV NO. 135 OF 2000)

_____________________

Between:
Lee Pui Kuen Applicant
AND
Asia Television Limited Respondent

_____________________

Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing: 8 December 2000

Date of Determination: 8 December 2000

____________________________

DETERMINATION

____________________________

Mr Justice Bokhary PJ:

1. As to the first ground on which leave to appeal to the Court of Final Appeal is sought, the proposed question of law is in effect whether the principles governing applications for striking out and dismissal for want of prosecution have been put in doubt by the Court of Appeal and therefore need restatment by the Court of Final Appeal. We are not persuaded that such a situation has arisen in the present case.

2. As to the second ground, it amounts ultimately to no more than a complaint over how the Court of Appeal decided the matter on its own facts and without any apparent error as to principle.

3. We do not feel justified in sending this matter to the Court of Final Appeal, and leave to appeal is refused.

[Costs to the respondents]

(Kemal Bokhary) (Patrick Chan) (R A V Ribeiro)
Permanent Judge Permanent Judge Permanent Judge

Representation:

Mr Michael Bunting SC (instructed by Messrs Siao, Wen & Leung) for the applicant

Mr Charles Sussex SC (instructed by Messrs Boase, Cohen & Colins) for the respondent