Read the full judgment text of HCMP 1743/2008 on BabelCite. This High Court CFI judgment was delivered on 26 March 2009 before 張澤祐 JA, 袁家寧 JA.
Civil appeal – leave to appeal to Court of Final Appeal – application by CML for leave to appeal to CFA from Court of Appeal's refusal to grant her leave to appeal out of time from District Court decision in DCMC 655/2004 – whether further appeal to CFA lies where Court of Appeal has refused leave to appeal – held, following HLF and MTC and LHN [2004] 3 HKLRD 241, that refusal of leave by Court of Appeal means underlying decision is not one from which further appeal to CFA lies – whether statutory requirements under s.22(1) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) are met – whether claim reaches HK$1,000,000 monetary threshold – whether matter involves great general or public importance – applicant failed to satisfy monetary threshold and failed to show any great general or public importance or other reason warranting CFA determination – application refused – reasons handed down by Cheung JA and Yuen JA on 1 April 2009 following hearing on 26 March 2009.
Legal issues: Whether leave to appeal to the CFA is available where the Court of Appeal has refused leave to appeal · Whether the statutory requirements under s.22(1) of the Court of Final Appeal Ordinance are satisfied
Outcome: Application for leave to appeal to the Court of Final Appeal refused.
Cited by 3 cases