Read the full judgment text of CACV 136/2000 on BabelCite. This Court of Appeal judgment was delivered on 8 June 2001 before Rogers VP, Keith JA, Le Pichon JA.
Civil procedure – leave to appeal – vicarious liability – torts committed by agents – application of test for grant of leave on ground of great general or public importance – whether complex point of law with sparse authority warrants leave – reliance on Australian authority of the highest court not cited in other jurisdictions – Civil Appeal No. 136 of 2000 from HCA 2901/1998 – Plaintiffs Wong Wai Hing and Fung Siu Ling – Defendant Hui Wei Lee – Court of Appeal panel comprising Rogers VP, Keith JA and Le Pichon JA – judgment delivered 8 June 2001 – application for leave heard 8 June 2001 – Court considers that the legal point on vicarious liability for torts committed by a third party is complex and that authority on the question is sparse – the only authority relied upon is from the highest court in Australia and does not appear to have been cited in other jurisdictions – Court concludes that the matter is of great general or public importance – leave to appeal granted subject to conditions – Plaintiffs/Respondents represented by Mr Kwok Sui-hay instructed by Messrs Charles Yeung Clement Lam Liu & Yip – Defendant/Appellant represented by Mr John Mullick instructed by Messrs Gary Lau & Partners.
Legal issues: Grant of leave to appeal on question of vicarious liability for torts committed by agents
Outcome: Leave to appeal granted to the Defendant/Appellant, subject to conditions.
Cited by 3 cases · Cites 1 case