Read the full judgment text of CACV 87/2012 on BabelCite. This Court of Appeal judgment was delivered on 26 July 2013 before Cheung JA, Yuen JA, Lam JA.
Civil procedure – bankruptcy – appeal – leave to appeal to Court of Final Appeal – appeal as of right under s.22(1)(a) Cap 484 – bankruptcy order not an order for repayment of debt – questions of great general or public importance – miscarriage of justice – judgment debtor Tam Mei Kam made bankrupt on 25 April 2012 for judgment debt of HK$2,243,938 – appeal from bankruptcy order dismissed by Court of Appeal on 8 May 2013 – application for leave to appeal to Court of Final Appeal – held: (1) no appeal as of right because bankruptcy order is not on the debt; (2) proposed questions about documentary evidence, perjury, and judicial selection not of great general or public importance; (3) no miscarriage of justice – application dismissed – no order as to costs
Legal issues: Appeal as of right under section 22(1)(a) Cap 484 · Leave to appeal on questions of great general or public importance under section 22(1)(b) Cap 484 · Leave to appeal on ground of miscarriage of justice
Outcome: Application for leave to appeal to the Court of Final Appeal dismissed.
Cited by 38 cases