Read the full judgment text of FAMV 36/2011 on BabelCite. This Court of Final Appeal judgment was delivered on 30 March 2012 before Bokhary PJ, Chan PJ, Ribeiro PJ.
Civil procedure – leave to appeal – Court of Final Appeal – whether to grant leave to consider additional question on appeal – application for leave arising from CACV No. 99 of 2008 – new issues identified in proposed amendments to pleadings – question concerning whether an affirmative answer to Question 1 and/or Question 2 necessarily precludes the Plaintiffs from claiming and the court from recognizing or granting any other right, benefit or interest in the land or any remedy or other relief including relief based on a constructive or resulting trust or based upon estoppel or unjust enrichment – leave granted – questions regarding leave to amend and consequential orders as to costs or otherwise reserved to the hearing.
Legal issues: Whether to grant leave to consider additional question regarding other rights, remedies or relief
Outcome: Leave to appeal granted for the additional question; questions regarding leave to amend and consequential orders as to costs or otherwise to be dealt with at the hearing.