Read the full judgment text of FAMV 25/2011 on BabelCite. This Court of Final Appeal judgment was delivered on 16 January 2012 before Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ.
Civil procedure – leave to appeal – application to Court of Final Appeal – 'or otherwise' basis – interlocutory rulings of Court of Appeal permitting amendments and a rejoinder – contract dispute – breach of contract damages awarded at trial – estoppel by convention – PRC law – whether equivalent doctrine exists under PRC law – no expert evidence produced by plaintiff to suggest existence of equivalent doctrine under PRC law – defendants' expert evidence that no such doctrine exists under PRC law uncontested at trial – plaintiff obtained leave to appeal as of right from Court of Appeal – plaintiff then applied for further leave to appeal against interlocutory rulings – application made solely on 'or otherwise' basis – whether highly exceptional circumstances exist – whether result of appeal likely to turn on the point sought to be raised – requirement not satisfied – CSAV Group (Hong Kong) Ltd v Jamshed Safdar (2007) 10 HKCFAR 629 and Pacific Electric Wire & Cable Co Ltd v Hu Hung Chiu FAMV 71/2007 applied – application dismissed with costs.
Legal issues: Whether leave to appeal on the 'or otherwise' basis should be granted against Court of Appeal's interlocutory rulings
Outcome: Application for leave to appeal dismissed.
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