The Hongkong and Shanghai Banking Corporation Limited (Plaintiff/Respondent) v Kuan Tao Sheng (1st Defendant/Appellant/Applicant)

Read the full judgment text of FAMV 10/1998 on BabelCite. This FAMV judgment was delivered on 17 June 1998 before Mortimer VP, Godfrey JA, Rogers JA.

Civil procedure – leave to appeal to Court of Final Appeal – interlocutory appeal – appeal from Court of Appeal's decision dismissing appeal against refusal to strike out for want of prosecution – whether delay inordinate and inexcusable – application of s.23(1)(b) of the Hong Kong Court of Final Appeal Ordinance – 'or otherwise' provision – whether reasoning of Court of Appeal demonstrably wrong – whether leave to appeal should be granted for interlocutory matter involving discretion – test that error must be such that decision of Court of Final Appeal would be a foregone conclusion – held that applicant failed to demonstrate foregone conclusion – application dismissed – leave application in respect of interlocutory appeal is matter for Court of Final Appeal's Appeals Committee to decide – application refused.

Legal issues: Whether leave to appeal to the Court of Final Appeal should be granted under the 'or otherwise' provision for an interlocutory discretion appeal

Outcome: Application for leave to appeal to the Court of Final Appeal dismissed.