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FAMV No. 42 of 2010
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 42 OF 2010 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACV NO. 173 OF 2009)
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Between:
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BANK OF AMERICA, NATIONAL ASSOCIATION |
Applicant |
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- and - |
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TADJUDIN SUNNY |
Respondent |
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Appeal Committee: |
Mr Justice Bokhary PJ, Mr Justice Chan PJ and
Mr Justice MortimerNPJ |
Date of Hearing: 20 January 2011
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Date of Determination: 20 January 2011
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DETERMINATION
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Mr Justice Bokhary PJ:
1. The point or points of law in issue are ones which the Court of Appeal considered reasonably arguable. Even a pure point of law is, at least in general, best resolved in the context of a set of facts found at trial. That has always been the judicial thinking. And it is strengthened by recent civil justice reforms. Added to that is a further consideration, which is that the Court of Final Appeal prefers, when deciding a point of law, to have the considered views of the trial court and the intermediate appellate court. So far, the Court of Appeal has not yet determined the point or points in issue. Leave to appeal to the Court of Final Appeal under s.22(1)(b) of the Court’s statute is discretionary. In our view, this case should now proceed to trial rather than to yet another appeal.
2. Despite the ability with which this leave application has been pressed, leave to appeal to the Court of Final Appeal is refused.
[Argument on costs]
3. With costs.
(Kemal Bokhary)
Permanent Judge |
(Patrick Chan)
Permanent Judge |
(Barry Mortimer)
Non-Permanent Judge |
Mr Adrian Huggins SC (instructed by Messrs Mayer Brown JSM) for the applicant
Mr Russell Coleman SC (instructed by Messrs William K W Leung & Co.) for the respondent
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