Shih Philip v. Li Wai Keung

CACV 77/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 77 OF 2009

(ON APPEAL FROM DCCJ NO. 2901 OF 2006)

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Before: Hon Rogers VP, Stone and Sakhrani JJ in Court

Date of Hearing: 18 November 2009

Date of Judgment: 18 November 2009

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J U D G M E N T

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Hon Rogers VP:

1.This is an application for leave to appeal to the Court of Final Appeal from a judgment of this Court given on 2 September 2009.  It is unnecessary this morning to rehearse the facts of that case because they can be found in that judgment.

2.The Defendant, Mr Li, has expressed this morning, and indeed also in his written application, his grievance because the difficulties that he has found himself in were not of his own making.  In short, it is his case that the debts which ultimately resulted in the sale of the property, of which he had a half-share, were run up by Madam Wong.

3.Regrettably, however, that cannot be a ground for leave to appeal in this case, although it does appear to be a matter of dispute between Mr Li and Madam Wong.

4.The other points which were raised in the application for leave to appeal are allegations by Mr Li that either he did not sign the relevant documents or, if he did sign them, he did not know what he was signing.

5.In respect of those, the first observation which has to be made is that those are questions of fact and not matters of great general or public importance.  Secondly, and equally importantly, these are points which were not raised either in this Court or in the court below.  On those occasions, Mr Li was represented by solicitors and counsel.  So in those circumstances, it would be impossible for this Court to grant leave to appeal to the Court of Final Appeal on the basis argued.

6.In those circumstances, this application, inevitably, has to be dismissed.

Mr Peter Ho, instructed by Messrs Wilson Yeung & Co., for the Plaintiff/Respondent

The Defendant/Applicant, in person