PAQUITO LIMA BUTON v. RAINBOW JOY SHIPPING LTD INC

CACV 243/2006

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 243 OF 2006

(ON APPEAL FROM dece nO. 1032 OF 2005)

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BETWEEN

paquito lima buton Applicant
and
rainbow joy shipping limited inc Respondent

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Before : Hon Yeung JA & Sakhrani J in Court

Date of Hearing : 18 April 2007

Date of Judgment : 18 April 2007

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J U D G M E N T

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Hon Yeung JA (giving the Judgment of the Court):

1. This is an application for leave to appeal to the Court of Final Appeal on the basis that the question involved in the proposedappeal is one of great general or public importance.

2. The question of whether a claim under the Employee Compensation Ordinance is arbitrable is certainly interesting and not an easyone to resolve.

3. However, the issue only arose out of an individual employment contract agreed to by the parties in a foreign jurisdiction. Thecircumstances in which such issue arose are unique.

4. It is certainly not a question of great general or public importance. We see no basis to accede to the applicant’s request. The application for leave to appeal to the Court of Final Appeal is refused with costs to be taxed if not agreed.

5. The applicant’s own costs be taxed in accordance with the Legal Aid regulations.

(Wally Yeung)
Justice of Appeal
(Arjan Sakhrani)
Judge of the Court of First Instance

Mr Peter Duncan, SC and Ms Monica Chow instructed by Messrs Ng & Partners for the Applicant.

Mr Russell Coleman, SC instructed by Messrs Dibb Lupton Alsop for the Respondent.

Appeal allowed: see FAMV26/2007 (28 April 2008)