The Incorporated Owners of Jing Hui Garden v. Ng Kei Sang

CACV 421/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 421 OF 2007

(ON APPEAL FROM LDBM 155 OF 2005)

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BETWEEN

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Before : Hon Tang VP, Cheung and Yuen JJA in Court

Date of Hearing : 30 April 2009

Date of Decision : 30 April 2009

Date of Reasons for Decision : 5 May 2009

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REASONS FOR DECISION

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Hon Cheung JA (giving Reasons for Decision of the Court) :

1.The respondent applied for leave to appeal to the Court of Final Appeal against our judgment of 5 February 2009.  We refused the application because the respondent did not fulfil the conditions for leave to appeal laid down by section 22(1) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484). 

2.There is no indication that the case reaches the $1,000,000 threshold nor is there any question of great general or public importance or otherwise that ought to be considered by the Court of Final Appeal. 

3.Accordingly, we refused the application with costs which was assessed at $20,000 to the applicant.

Mr. Lee Shu Wun, instructed by Messrs Tse Yuen Ting Wong, for the Applicant

Respondent appearing person, present