Read the full judgment text of FAMV000027/2009 on BabelCite. This Court of Final Appeal judgment was delivered on 14 September 2009 before Chief Justice Li, Mr Justice Bokhary PJ and Mr Justice Ribeiro PJ.
Civil procedure – leave to appeal – final vs interlocutory judgment – issue estoppel – consent order – derivative action – Court of Final Appeal – section 22(1)(a) of the Court of Final Appeal Ordinance – The plaintiff and 1st defendant were former spouses and equal shareholders in the 2nd defendant company. The plaintiff brought a derivative action alleging breach of fiduciary duty, which was settled by consent order. A subsequent derivative action led to an Order 14A application based on issue estoppel from the consent order. The Court of Appeal held the application was premature because the consent order's validity was being challenged in a separate action, and dismissed the application as interlocutory. The plaintiff sought leave to appeal as of right under section 22(1)(a), but the Court of Final Appeal held the decision was not final, as no rights were finally determined. Leave to appeal dismissed with costs.
Legal issues: Leave to appeal as of right
Outcome: Application for leave to appeal dismissed.
Cites 3 cases