Joshua Ong v. Malaysian Airline System Berhad

Read the full judgment text of CACV 283/2007 on BabelCite. This Court of Appeal judgment was delivered on 13 January 2009.

1. We have given the submissions careful consideration.  We do not propose to grant leave ourselves to appeal to the Court of Final Appeal, although we accept the explanation for the delay that has occurred.  No more need be said about that, as far as we are concerned.

Appeal allowed: see FAMV6/2009 dated 27 March 2009
Case No.CACV 283/2007
Court
Court of Appeal
Date13 Jan 2009
Judge
Case Document
100%Judiciary

CACV 283/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 283 OF 2007

(ON APPEAL FROM DCPI NO. 1542 OF 2006)

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BETWEEN    
  JOSHUA ONG, a minor by
TUNG SAU MEI, his next friend and mother
Plaintiff
  and  
  MALAYSIAN AIRLINE SYSTEM BERHAD Defendant

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Before: Hon Rogers VP, Suffiad J and Wright J in Court

Date of Hearing: 13 January 2009

Date of Judgment: 13 January 2009

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J U D G M E N T

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Hon Rogers VP:

1.We have given the submissions careful consideration.  We do not propose to grant leave ourselves to appeal to the Court of Final Appeal, although we accept the explanation for the delay that has occurred.  No more need be said about that, as far as we are concerned.

2.The question of whether a matter is of great general or public importance is always a difficult question to decide.  There are points of law which arise in this case, as is quite clear from the fact that the court was divided.

3.However, we think that it is better to leave it to the Court of Final Appeal to decide whether they consider the issues that arise here are of great general or public importance.  For that reason we do not propose to give leave ourselves.

(Anthony Rogers)
Vice-President
(A.R. Suffiad)
Judge of the Court of First Instance
(A R Wright)
Judge of the Court of First Instance

Mr Mohan Bharwaney SC, instructed by Messrs Wong & Chan, for the Plaintiff/Applicant

Mr Alexander Stock, instructed by Messrs Clyde & Co., for the Defendant/Respondent

Appeal allowed: see FAMV6/2009 dated 27 March 2009
Other Judgments in This Case

Further hearings and rulings under CACV 283/2007