AXA VERSICHERUNG AG v. THE HONG KONG HOUSING AUTHORITY

FAMV No. 3 of 2006

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 3 OF 2006 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NO. 85 OF 2005)

_____________________

_____________________

______________________

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

______________________

Mr Justice Bokhary PJ:

1.  This case involves the question of whether a claim against a foreigner that is solely for costs pursuant to s.52A of the High Court Ordinance, Cap. 4, falls within the scope of the ground for service out of the jurisdiction stated in Order 11 rule 1(1)(c) of the Rules of the High Court where those costs are the costs of an extant action against a party properly served in Hong Kong.  This question is fit for consideration by the Court of Final Appeal under “the question of great general or public importance” limb of s.22(1)(b) of the Court’s statute.  Accordingly we grant leave to appeal to the Court of Final Appeal under that limb. 

2.  In all the circumstances, we do not propose to say anything to limit the scope of the argument in the appeal.  The respondent will of course receive due notice of the arguments which the appellant proposes to advance when it is served with the appellant’s printed case.

[Upon counsel raising the question of conditions, the Appeal Committee indicated that that question would be dealt with by the Registrar.  The Appeal Committee confirmed counsel’s understanding that the costs of this application are costs in the appeal (that being the position except where the Appeal Committee otherwise orders, which it does not in the present case).]