Wong Wai Hing and Another v. Hui Wei Lee

CACV000136A/2000

CACV 136/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 136 OF 2000

(ON APPEAL FROM HCA 2901/1998)

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Coram: Hon. Rogers VP, Keith JA and Le Pichon JA in Court

Date of Hearing: 8 June 2001

Date of Judgment: 8 June 2001

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J U D G M E N T

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Hon Rogers VP:

1.We have considered the submissions made by counsel both for and against leave to appeal. It appears to us that the legal point involved in this case is by no means an easy one. It is complex and, indeed, the authority in relation to vicarious liability for torts committed by a third party is sparse. The authority that we have relied upon in our judgments is an authority of the highest court in Australia but does not appear to have been cited in other jurisdictions.

2.We consider that the matter involved, as I have indicated, of vicarious liability for torts committed by agents, is a matter of great general or public importance and, in those circumstances, this Court is disposed to grant leave subject to conditions.

Representation:

Mr Kwok Sui-hay, instructed by Messrs Charles Yeung Clement Lam Liu & Yip, for the Plaintiffs/Respondents

Mr John Mullick, instructed by Messrs Gary Lau & Partners for the Defendant/Appellant