DAIMLER AG (formerly MERCEDES-BENZ AG) v. LEIDUCK, HERBERT HEINZ HORST AND ANOTHER

FAMV No. 36 of 2012

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 36 OF 2012 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NO. 172 OF 2011)

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

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Mr Justice Chan PJ :

1.  This is the sort of satellite litigation which the Civil Justice Reform is aimed at eliminating. We are not satisfied that there are questions of law of great general and public importance which require consideration by the Court of Final Appeal. The Court of Appeal was plainly correct in its application of the relevant principles regarding the granting of relief against sanction flowing from non-compliance of an Unless Order. Nor are we persuaded that there are exceptional circumstances which justify the granting of leave to appeal on the “or otherwise” ground. Leave is accordingly refused with costs and a certificate for two counsel.