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CACV000136A/2000
CACV 136/2000
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO. 136 OF 2000
(ON APPEAL FROM HCA 2901/1998)
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| BETWEEN |
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WONG WAI HING |
1st Plaintiff |
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FUNG SIU LING |
2nd Plaintiff |
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AND |
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HUI WEI LEE |
Defendant |
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Coram: Hon. Rogers VP, Keith JA and Le Pichon JA in Court
Date of Hearing: 8 June 2001
Date of Judgment: 8 June 2001
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J U D G M E N T
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Hon Rogers VP:
1. We have considered the submissions made by counsel both for and against leave to appeal. It appears to us that the legal point involved in this case is by no means an easy one. It is complex and, indeed, the authority in relation to vicarious liability for torts committed by a third party is sparse. The authority that we have relied upon in our judgments is an authority of the highest court in Australia but does not appear to have been cited in other jurisdictions.
2. We consider that the matter involved, as I have indicated, of vicarious liability for torts committed by agents, is a matter of great general or public importance and, in those circumstances, this Court is disposed to grant leave subject to conditions.
| (Anthony Rogers) |
(Brian Keith) |
(Doreen Le Pichon) |
| Vice-President |
Justice of Appeal |
Justice of Appeal |
Representation:
Mr Kwok Sui-hay, instructed by Messrs Charles Yeung Clement Lam Liu & Yip, for the Plaintiffs/Respondents
Mr John Mullick, instructed by Messrs Gary Lau & Partners for the Defendant/Appellant
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