Cdyf v. Pys

CACV 189/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 189 OF 2010

(ON APPEAL FROM HCMC NO. 7 OF 2010)

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BETWEEN

Before : Hon Cheung, Hartmann JJA and Saw J in Court

Date of Hearing : 8 September 2010

Date of Decision : 8 September 2010

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D E C I S I O N

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Hon Cheung JA (giving decision of the Court) :

1.Subsequent to the judgment given this morning, the respondent lodged her application for leave to appeal to the Court of Final Appeal.

2.As we have been seized of the matter and the petitioner has chosen not to appear this morning, we allowed the application to be heard this afternoon because we considered this is the most expeditious way of dealing with the matter.

3.The test for leave to appeal to the Court of Final Appeal is whether there is a question of great general or public importance or otherwise ought to be submitted to the Court of Final Appeal for decision.  We do not consider that the respondent has satisfied this requirement. Accordingly the application is refused.

Petitioner : absent

Respondent : in person, present