Tse Ngan Heung v. The Ritz-carlton Ltd and Others

FAMV No. 6 of 2008

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 6 OF 2008 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 312 OF 2006)

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HCPI 565/1999

Between:

HCPI 570/2000

Between:

HCPI 658/2000

Between:

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Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing: 16 June 2008

Date of Determination: 16 June 2008

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D E T E R M I N A T I O N

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Mr Justice Bokhary PJ :

1. The proposed appeal involves two questions of law.  First, where a plaintiff successfully sues an uninsured defendant and receives payment of the judgment amount from the Motor Insurers’ Bureau, does this extinguish the liability of a different defendant who is a joint tortfeasor?  Secondly, what are the Bureau’s rights, if any, pursuant to sections 48 and 49 of the High Court Ordinance Cap.4?  These are reasonably arguable questions which, by reason of their great general or public importance, ought to be submitted to the Court of Final Appeal for decision.  Leave to appeal is therefore granted.

Mr Charles Sussex SC and Mr Raymond Leung (instructed by Messrs Ip, Kwan & Co.) for the applicant

Mr Mohan Bharwaney SC (instructed by Messrs Winnie Mak, Chan & Yeung) for the respondent