CHUNG YUEN YEE v. SAM WOO BORE PILE FOUNDATION LTD AND OTHERS

FAMV No.1 of 2012

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 1 OF 2012 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV 145 OF 2010)

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D E T E R M I N A T I O N

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Mr Justice Bokhary PJ :

1.  On the matter other than contributory negligence, there are reasonably arguable questions, including the one formulated and handed up during the hearing, worthy of the Court of Final Appeal's attention.  Leave to appeal is granted on that matter upon those questions. 

2.  We do not, however, grant leave to appeal on contributory negligence.  As seems to us, the Court of Appeal's decision in regard to contributory negligence turned on the specific facts of the case and does not really give rise to the question put forward in that regard.

Mr Russell Coleman, SC & Ms Queenie W S Ng, instructed by Gilbert Tang & Co, for the applicants

Mr Andy Hung, instructed by Pansy Leung Tang & Chua and assigned by the Director of Legal Aid, for the 1^st respondent

Mr Lee Tung Ming, instructed by Deacons, for the 2^nd respondent