JAW SIU WAH T/A WILLIAM TRADING CO v. KOWLOON-CANTON RAILWAY CORPORATION

CACV326/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 326 OF 2003

(ON APPEAL FROM DCCJ NO. 3054 OF 2002)

______________________

BETWEEN

  JAW SIU WAH
trading as WILLIAM TRADING COMPANY
Plaintiff
  and  
KOWLOON-CANTON RAILWAY CORPORATION Defendant

______________________

Before: Hon Rogers VP, Le Pichon JA and Hartmann J in Court

Date of Hearing: 24 November 2004

Date of Judgment: 24 November 2004

________________

J U D G M E N T

_______________

Hon Rogers VP:

1. On this application, Mr Jaw has represented himself. He seeks leave to appeal to the Court of Final Appeal from a judgment of thiscourt which was given on 3 September, with reasons handed down on 8 September.

2. The points which he has sought to raise are the same points, essentially, which were raised in this court and, for that matter, inthe court below. For the reasons which we have given in the judgment of this court and in the judgment of the court below, thesepoints do not have legal merit.

3. In any event, because of the size of the claim, it being less than $1 million, in order for leave to be given, it is necessary forthe proposed appellant to show that the questions involved ought to be submitted to the Court of Final Appeal by reason of theirgreat general public importance. The questions which were sought to be raised in this case are specific to this case, and this casealone, and are not matters of great or general public importance.

4. For those two reasons, I do not consider that this court should grant leave to appeal to the Court of Final Appeal

Hon Le Pichon JA:

5. I agree.

Hon Hartmann J:

6. I agree.

Hon Rogers VP:

7. The application is dismissed, with costs.

(Anthony Rogers)  (Doreen Le Pichon) (Michael Hartmann)
Vice-President Justice of Appeal Judge of the Court of First Instance

The Plaintiff/Applicant in person (present)

Mr Bernard Man, instructed by Messrs Simmons & Simmons for the Defendant/Respondent