Mak Shiu Tong v. Yue Kwok Ying and Another

CACV 199/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 199 OF 2002

(ON APPEAL FROM HIGH COURT ACTION NO. 3758 OF 1998)

______________________

BETWEEN

______________________

Before : Hon Cheung JA and Hon Yam J in Court

Date of Hearing : 23 February 2005

Date of Judgment : 23 February 2005

______________________

J U D G M E N T

______________________

Hon Cheung JA (giving judgment of the court) :

1.On 30 September 2004 this court dismissed the appeal by the 1^st defendant against the decision of Chung J. who struck out the 1^st defendant’s defence and gave judgment to the plaintiff on his claim.  We further refused the 1^st defendant’s application to amend the defence.  The 1^st defendant now applies for leave to appeal against our decision to the Court of Final Appeal. 

2.Under the provisions of section 22(1) of the Court of Final Appeal Ordinance, an applicant has to show that either he is entitled to appeal as of right because the judgment is a final judgment and the subject matter in dispute amounts to the value of $1,000,000.00 or that the appeal involves a question of great, general or public importance or otherwise ought to be submitted to the Court of Final Appeal for decision.

3.In this case, the applicant is not entitled to appeal as of right.  This case is not concerned with a liquidated claim of $1,000,000.00.

4.In respect of the discretionary aspect, the decision to strike out and the confirmation of that decision by this Court and also the refusal by this Court to allow further amendments clearly do not involve any question of great, general or public importance.  Further, we do not see any basis on the ‘or otherwise’ ground for leave to be granted.  Accordingly, we will dismiss the application with costs to the plaintiff.

Mr. Horace Wong, S.C., instructed by Messrs Richards Bulter, for the plaintiff

The 1^st defendant, in person, present