Read the full judgment text of CACV 268/2009 on BabelCite. This Court of Appeal judgment was delivered on 22 July 2011 before Stock VP, Kwan JA and Lam J.
Civil procedure – leave to appeal to Court of Final Appeal – whether questions of great general or public importance – consolidated actions by pilots against Cathay Pacific Airways and associated companies – wrongful termination of employment – whether termination bypassed Disciplinary and Grievance Procedures – whether court should look beyond wording of termination letters – contractual construction – whether HK$700,000 award for defamation adequate – cross-checking defamation damages against personal injury awards – relevance of trade union communications campaign – aggravated damages – Court of Final Appeal Ordinance, Cap. 484 s.22(1)(b) – Court of Appeal set aside lower court's finding that disciplinary procedures engaged and reduced defamation damages – plaintiffs sought leave to appeal to Court of Final Appeal – questions on wrongful termination held not reasonably arguable and contract-specific, not of general importance – questions on defamation damages largely case-specific – cross-checking question answered beyond argument and not determinative of quantum – leave refused – costs of plaintiffs' applications to defendants, taxed if not agreed – no order on abandoned defendants' cross-appeal application.
Legal issues: Whether questions of general importance arise on wrongful termination by reference to disciplinary procedures · Whether questions of general importance arise on assessment of defamation damages
Outcome: Leave to appeal to the Court of Final Appeal refused; the Court of Appeal's judgment of 24 December 2010 stands
Cited by 5 cases · Cites 2 cases