Read the full judgment text of CACV 167/2002 on BabelCite. This Court of Appeal judgment was delivered on 12 June 2003 before Rogers VP, Le Pichon JA, Ma JA.
Civil procedure – leave to appeal to Court of Final Appeal – Hong Kong Court of Final Appeal Ordinance (Cap 484) s.22(1)(a) and (b) – application for leave to appeal to the Court of Final Appeal – whether s.22(1)(a) applies to unliquidated damages exceeding $1 million – whether appeal raises points of great general or public importance under s.22(1)(b) – Court of Appeal judgment handed down on 30 January 2003 in construction dispute involving joint venture between Hsin Chong Construction Company Limited and Taylor Woodrow International Limited as 1st Defendant – trial judge awarded unliquidated damages in excess of $1 million – underlying theme of appeal was that 1st Defendant not given fair opportunity to address negligence on factual basis contrary to that maintained by plaintiff – whether unliquidated damages exceeding $1 million engages s.22(1)(a) – held no, following Cheng Lai Kwan v Nan Fung Textiles Limited (1997-98) 1 HKCFAR 204 and Shum Kam Fai v Lam Chi Wai FAMV 38/2002 – whether any identified question involves point of great general or public importance – held no – complaint was case-specific and factually confined – application dismissed with costs.
Legal issues: Applicability of s.22(1)(a) to unliquidated damages awards exceeding $1 million · Whether the appeal involves points of great general or public importance under s.22(1)(b)
Outcome: Application for leave to appeal to the Court of Final Appeal dismissed with costs.
Cited by 7 cases · Cites 1 case