|
FAMV No. 6 of 2008
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 6 OF 2008 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 312 OF 2006)
_____________________
HCPI 565/1999
Between:
| |
TSE NGAN HEUNG |
Plaintiff |
| |
- and - |
|
| |
THE RITZ-CARLTON LIMITED |
1st Defendant
(Respondent) |
| |
LO SIN TAK |
2nd Defendant |
| |
THE MING AN INSURANCE CO. (HK) LTD |
3rd Defendant
(Applicant) |
HCPI 570/2000
Between:
| |
TSE NGAN HEUNG |
Plaintiff |
| |
- and - |
|
| |
THE RITZ-CARLTON LIMITED |
Defendant
(Respondent) |
HCPI 658/2000
Between:
| |
CHAN YUET LUI REBECCA |
Plaintiff |
| |
- and - |
|
| |
THE RITZ-CARLTON LIMITED |
1st Defendant
(Respondent) |
| |
LO SIN TAK |
2nd Defendant |
| |
THE MING AN INSURANCE CO. (HK) LTD |
3rd Defendant
(Applicant) |
_____________________
Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ
Date of Hearing: 16 June 2008
Date of Determination: 16 June 2008
________________________
D E T E R M I N A T I O N
________________________
Mr Justice Bokhary PJ :
1. The proposed appeal involves two questions of law. First, where a plaintiff successfully sues an uninsured defendant and receives payment of the judgment amount from the Motor Insurers’ Bureau, does this extinguish the liability of a different defendant who is a joint tortfeasor? Secondly, what are the Bureau’s rights, if any, pursuant to sections 48 and 49 of the High Court Ordinance Cap.4? These are reasonably arguable questions which, by reason of their great general or public importance, ought to be submitted to the Court of Final Appeal for decision. Leave to appeal is therefore granted.
|
(Kemal Bokhary)
Permanent Judge
|
(Patrick Chan)
Permanent Judge
|
(RAV Ribeiro)
Permanent Judge
|
Mr Charles Sussex SC and Mr Raymond Leung (instructed by Messrs Ip, Kwan & Co.) for the applicant
Mr Mohan Bharwaney SC (instructed by Messrs Winnie Mak, Chan & Yeung) for the respondent
|