Read the full judgment text of FACV 1/2008 on BabelCite. This FACV judgment was delivered on 20 June 2007 before Le Pichon JA, Yuen JA, Chu J.
Civil procedure – leave to appeal to Court of Final Appeal – new point of law not argued at appeal – application refused with costs – Court of Final Appeal Ordinance s.22(1)(b) – easements – co-ownership – multi-storey buildings – Chiu Shu Choi v Merrilong Dyeing Works Ltd – Wheeldon v Burrows – doctrine of implied grant – leave denied – costs ordered against plaintiff
Legal issues: Leave to appeal to Court of Final Appeal – new point not argued below
Outcome: Leave to appeal to the Court of Final Appeal refused with costs.