FAR EAST WAGNER CONSTRUCTION LTD. v. INTERFORM (INTERIOR & MARBLE) CO., LTD.

FAMV No. 21 of 1999

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 21 OF 1999 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV No. 59 OF 1999)

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DETERMINATION

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Litton PJ:

1. This is the determination of the Appeal Committee.

2. The plaintiff Interform (Interior & Marble) Co. Ltd. was the cladding subcontractor in respect of a building project in Pokfulam called University Heights. The defendant Far East Wagner Construction Ltd. was the main contractor. On 23 April 1998 the plaintiff instituted proceedings against the defendant for $4,415,040 being a sum allegedly owed for work done and material supplied. The plaintiff then applied for summary judgment under Order 14 r.1 of the Rules of the High Court for part of that sum: namely $2,634,246.85. On 15 January 1999 Madam Justice Yuen, on appeal from the Master, gave judgment in favour of the plaintiff for that amount with unconditional leave to the defendant to defend the rest of the claim. The defendant, being dissatisfied, appealed against Yuen J's judgment to the Court of Appeal. By its judgment dated 27 May 1999 the Court of Appeal dismissed the appeal. On 5 October 1999 the Court of Appeal refused leave to appeal to the Court of Final Appeal, taking the view that the matter in question was interlocutory, which it plainly is. Hence the matter comes to us.

3. No question of great general or public importance is involved in the appeal. The application is without merit. It is dismissed with costs.