Read the full judgment text of FAMV 000043/2002 on BabelCite. This FAMV judgment was delivered on 6 January 2003 before Chief Justice Li, Mr Justice Bokhary PJ, Mr Justice Chan PJ.
Civil procedure – leave to appeal – Court of Final Appeal – issue estoppel – settlement – employees' compensation – personal injuries – workplace accident – trial judge finding of fact – applicant not at work – admission procured by deception – Cap 484 s.22(1)(b) – application for leave refused – applicant doomed to fail on facts – no order as to costs – The applicant, a welder, claimed damages for personal injuries from a workplace accident on 28 November 1996. The trial judge found he was not at work that day and dismissed his claim. The applicant had previously settled employees' compensation proceedings and argued issue estoppel from an admission in those proceedings. The Court of Appeal rejected the estoppel argument. On application for leave to appeal to the Court of Final Appeal, the applicant contended that the settlement of proceedings creating an issue estoppel raised a question of great general or public importance. The Court of Final Appeal held that the applicant was doomed to fail on the facts regardless of the legal question, and refused leave to appeal with no order as to costs.
Legal issues: Leave to appeal – issue estoppel from settlement of employees' compensation proceedings
Outcome: Leave to appeal refused.