POON TING CHAU v. WONG KWOK CHI AND ANOTHER

[English Translation - 英譯本]
CACV 162/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

(CIVIL JURISDICTION)

CIVIL APPEAL NO. 162 OF 2007

(ON APPEAL FROM HCMP NO. 5314 OF 2002)

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BETWEEN

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REASONS   FOR   DECISION

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Hon Cheung, JA (giving the Reasons for Decision of the Court):

1.  On 10 March 2009, this Court refused to grant the Plaintiff leave to appeal to the Court of Final Appeal against the judgment of this Court dated 18December 2008 and at the same time ordered the Plaintiff to pay the Defendant the costs for the application taxed at $15,000.

2.  The reasons for this Court’s refusal to grant the Plaintiff leave are that the application has failed to meet the requirements set down in section 22(1) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484 of the Laws of Hong Kong). The Plaintiff has failed to adduce any evidence showing that the property in question amounts to the value of $1,000,000 or more. He has admitted that he indeed did not have such evidence. However, he said that if this Court refused to grant him leave, he would make a fresh application to the Court of Final Appeal, and by that time he would adduce such evidence to the court.

3.  Furthermore, the present case involves findings of facts. The Plaintiff has failed to adduce any evidence to show that the question involved in the present case is one which, by reason of its great general or public importance, or otherwise, ought to be submitted to the Court of Final Appeal for decision.