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FAMV000020/1999
FAMV No. 20 of 1999
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 20 OF 1999 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM HIGH COURT MISCELLANEOUS PROCEEDINGS NO. 3709 OF 1999)
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HO PO CHU |
Applicant |
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EDUCATION DEPARTMENT |
Respondent |
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Appeal Committee: Mr Justice Litton PJ, Mr Justice Ching PJ and Mr Justice Nazareth NPJ
Date of Hearing: 3 November 1999
Date of Determination: 3 November 1999
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DETERMINATION
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Mr Justice Litton PJ:
1. This is the determination of the Appeal Committee.
2. By a writ dated 13 May 1998 the applicant sued the Education Department for damages. The statement of claim indorsed in the writ disclosed no cause of action. It was accordingly struck out and the action dismissed by the Master on 6 November 1998. Since then the applicant has appealed first to the Court of First Instance and then to the Court of Appeal where the motion was out of time. She failed at every step and now seeks leave to take the matter to the Court of Final Appeal.
3. The reasons for striking out the applicant's statement of claim have been sufficiently stated by the Courts below. There is no merit in the application. It is dismissed with costs.
| (Henry Litton) |
(Charles Ching) |
(G.P. Nazareth) |
| Permanent Judge |
Permanent Judge |
Non-Permanent Judge |
Representation:
Applicant, Madam Ho Po Chu, in person
Ms Jenny Fung SGC of Department of Justice for the Respondent
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