Lo Siu Lan and Another v. Hong Kong Housing Authority
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CACV 378/2004 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL CIVIL APPEAL NO. 378 OF 2004 (ON APPEAL FROM HCAL NO.154 OF 2004) ______________________ BETWEEN
______________________ Before : Hon Ma CJHC, Stock & Le Pichon JJA in Court Date of Hearing : 18 April 2005 Date of Judgment : 18 April 2005 _______________ J U D G M E N T _______________
Hon Ma CJHC : 1.By the present Notice of Motion, the 1st Applicant in the judicial review proceedings that led to the appeal under question seeks leave to appeal to the Court of Final Appeal from two decisions of this Court : -
2.The application for leave is put on the basis that the issues in the appeal involve questions of great general or public importance and ought therefore to be submitted to the Court of Final Appeal. The “otherwise” ground which appears in the Notice of Motion is not relied on by Mr Dykes SC (who appears for the Applicant). The questions (as amended) are framed in this way in the Notice of Motion, the first question relating to the substantive decision in the appeal, the second relating to the orders for abridgment and for the hearing itself : -
3.It is clear that the first question ought, by reason of its great general or public importance, to be submitted to the Court of Final Appeal for decision. Indeed, the parties are agreed as to this and to the formulation of the question as well. 4.As to the second question, the orders of the Court made on 15 December 2004 were ultimately exercises in discretion applying well-known principles. Nothing has been submitted this morning to suggest otherwise. Mr Dykes argued it was a possible remedy in relation to the second ground that should an appeal on this ground be allowed, the Court of Final Appeal may conceivably order a rehearing of the appeal before the Court of Appeal. In my view, these orders do not involve any point of great general or public importance. They are, as I have already indicated, merely exercises of discretion based on the circumstances prevailing at the time. In any event, I fail to see the utility or relevance of an appeal here. The Applicant now has the opportunity of presenting her arguments fully to the Court of Final Appeal on the very issue that I regard as being one of great general or public importance. I am not convinced by the point argued this morning as to what the Court of Final Appeal may order by way of rehearing. This seems to me to be highly unlikely and not even what the Applicant can say she seeks at the moment. 5.For my part, I would grant leave to appeal only in relation to the first question. Hon Stock JA : 6.I agree. Hon Le Pichon JA : 7.I also agree.
Mr Philip Dykes SC & Mr Hectar Pun instructed by Messrs Barnes & Daly for the 1st Applicant Mr Russell Coleman instructed by Messrs Clifford Chance for the Respondent (1) Appeal by the 1st Applicant to Court of Final Appeal. Leave to appeal in relation of the first question granted. Please refer to the appeal judgment of FAMV14/2003. (2) Appeal by the 1st Applicant to Court of Final Appeal. Appeal dismissed. Please refer to the appeal judgment of FACV10/2005. |
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