Read the full judgment text of FAMV 19/2007 on BabelCite. This FAMV judgment was delivered on 2 March 2007 before Hon Rogers VP, Hon Tang VP, Hon Stock JA.
Civil procedure – application for leave to appeal to Court of Final Appeal – section 22(1)(a) and (b) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) – claims for unliquidated damages – whether within purview of s.22(1)(a) – no – attempt to insert equitable rescission claim failed – rescission not available – damages in lieu only – claim or question respecting property of value $1 million or more – same difficulty – s.22(1)(b) – matters relate to established principles – no dispute – alleged misapplication does not raise great general or public importance – 'or otherwise' provision – primarily for Court of Final Appeal – extraordinary delay and trenchant findings not grounds for this court to grant leave – leave refused.
Legal issues: Application for leave to appeal under s.22(1)(a) CFAO · Application for leave under s.22(1)(b) CFAO · Application for leave under 'or otherwise' provision
Outcome: Leave to appeal to the Court of Final Appeal refused.