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CACV 283/2007
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO. 283 OF 2007
(ON APPEAL FROM DCPI NO. 1542 OF 2006)
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| BETWEEN |
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JOSHUA ONG, a minor by
TUNG SAU MEI, his next friend and mother |
Plaintiff |
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and |
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MALAYSIAN AIRLINE SYSTEM BERHAD |
Defendant |
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Before: Hon Rogers VP, Suffiad J and Wright J in Court
Date of Hearing: 13 January 2009
Date of Judgment: 13 January 2009
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J U D G M E N T
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Hon Rogers VP:
1. We have given the submissions careful consideration. We do not propose to grant leave ourselves to appeal to the Court of Final Appeal, although we accept the explanation for the delay that has occurred. No more need be said about that, as far as we are concerned.
2. The question of whether a matter is of great general or public importance is always a difficult question to decide. There are points of law which arise in this case, as is quite clear from the fact that the court was divided.
3. However, we think that it is better to leave it to the Court of Final Appeal to decide whether they consider the issues that arise here are of great general or public importance. For that reason we do not propose to give leave ourselves.
(Anthony Rogers)
Vice-President |
(A.R. Suffiad)
Judge of the Court of First Instance |
(A R Wright)
Judge of the Court of First Instance |
Mr Mohan Bharwaney SC, instructed by Messrs Wong & Chan, for the Plaintiff/Applicant
Mr Alexander Stock, instructed by Messrs Clyde & Co., for the Defendant/Respondent
Appeal allowed: see FAMV6/2009 dated 27 March 2009
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