WING MING GARMENT FACTORY LIMITED (Applicant/Plaintiff) v THE INCORPORATED OWNERS OF WING MING INDUSTRIAL CENTRE (1st Respondent/1st Defendant)

Read the full judgment text of FAMV 40/2009 on BabelCite. This Court of Final Appeal judgment was delivered on 16 September 2009 before Li CJ, Bokhary PJ, Ribeiro PJ.

Civil procedure – leave to appeal – Court of Final Appeal – appeal as of right – s.22(1)(a) of the Court of Final Appeal Ordinance – value of claim – management fees – pipe issue – injunction issue – damages for trespass – concurrent factual findings – China Field Ltd v Appeal Tribunal (Buildings) – Cathay Pacific Airways Ltd v Wong Sau Lai – plaintiff granted leave only on management fees – leave refused on pipe and injunction issues – discretionary leave denied – no question of great general or public importance – third party not before committee.

Legal issues: Leave to appeal as of right – management fees · Discretionary leave to appeal – pipe issue and injunction issue

Outcome: Plaintiff granted leave to appeal only in respect of management fees pertaining to it. Leave to appeal on pipe issue and injunction issue refused.

Cited by 4 cases