New World Harbourview Hotel Co Ltd and Others v. Ace Insurance Ltd and Others

CACV 97/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 97 OF 2010

(ON APPEAL FROM HCA NO. 46 OF 2007)

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BETWEEN

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

Date of Hearing: 28 January 2011

Date of Judgment: 28 January 2011

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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 on the basis that the matters questions involved are matters of great general or public importance and, secondly, on the “or otherwise” ground.

2.As regards the first point, I do not consider that the matters raised are questions of great general or public importance. They are no doubt of great importance to the litigants, but this is really a special situation, and the questions raised do not fall within the ambit of general or public importance.

3.In any event, in the exercise of discretion, I would say that this matter appeared very clear to this court at the time and it clearly appeared very clear to the judge below.  So I would be very reluctant to give leave to appeal in such a situation.

4.Turning to the “or otherwise” ground, as Mr Chua SC has pointed out, it is the practice of this court not to grant leave under the “or otherwise” ground because that is a matter, really, for the Court of Final Appeal to decide whether this is a case which they consider should be heard by them.  I would adhere to that in this case, if for no other reason, than I think the matter was clear.

5.I therefore would refuse leave to appeal.

Hon Stone J:

6.I agree with the judgment of the Vice-President.

Hon Lam J:

7.I also agree.  Instead of raising questions of great general or public importance, as I see it, the issues raised are rather esoteric, and I therefore agree that leave should be refused.

Mr Chua Guan-Hock SC and Ms Vivian Yeung, instructed by Messrs Wan and Leung, for the 1st to 10th Plaintiffs/Applicants

Mr Charles Manzoni, instructed by Messrs Barlow Lyde & Gilbert, for the 1st to 6th Defendants/Respondents

(I) Application for leave to appeal to Court of Final Appeal by the 1st to 10th Plaintiffs granted by the Court of Final Appeal. Please refer to FAMV6/2011 dated 26 August 2011 (II) Please refer to FACV12/2011 for the relevant appeal(s) to the Court of Final Appeal.