Read the full judgment text of FAMV 55/2007 on BabelCite. This FAMV judgment was delivered on 4 September 2007 before Le Pichon JA, Sakhrani J, A Cheung J.
Civil procedure – leave to appeal to Court of Final Appeal – great general or public importance – construction of tender condition – whether 'may' means 'must' – 'or otherwise' limb – threshold amount – virtual certainty – discretion – application refused – Plaintiff's action for damages for breach of contract arising from non-award of government tender – Appeal on meaning of 'conforming' tender – Construction point specific to contract and not of general importance – Other points in notice of motion derivative of construction point – Not raising separate questions of great general or public importance – 'Or otherwise' limb not engaged because no virtual certainty that damages threshold exceeded – Even if threshold could be shown, discretion not exercised due to absence of general importance and exceptional nature of 'or otherwise' leave – Leave dismissed.
Legal issues: Construction point - great general or public importance · Other notice of motion points - great general or public importance · Leave under 'or otherwise' limb
Outcome: Application for leave to appeal to the Court of Final Appeal dismissed.
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