POON CHAU NAM v. YIM SIU CHEUNG T/A YAT CHEUNG AIRCONDITIONING & ELECTRIC CO

FAMV No. 6 of 2006

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 6 OF 2006 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NO. 86 OF 2005)

_____________________

Between:

POON CHAU NAM Applicant
and
YIM SIU CHEUNG trading as YAT CHEUNG AIRCONDITIONING & ELECTRIC CO. Respondent

_____________________

Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing: 22 May 2006
Date of Determination: 22 May 2006

__________________________________

D E T E R M I N A T I O N

__________________________________

Mr Justice Bokhary PJ:

1. We are of the opinion that in connection with lack of mutuality of obligation and perhaps more generally too, there are questionsof law which are relevant to the proper disposal of the present case and which, by reason of their great general or public importance,ought to be submitted to the Court of Final Appeal for decision. Accordingly we grant leave to appeal to the Court of Final Appeal.

2. The costs of this application will be costs in the appeal. There will be an order for legal aid taxation of the applicant’s costs.

(Kemal Bokhary)
Permanent Judge
(Patrick Chan)
Permanent Judge
(R.A.V. Ribeiro)
Permanent Judge

Ms Alice Mok SC and Mr Neal Clough (instructed by the Legal Aid Department) for the applicant

Mr Kam Cheung (instructed by Messrs Chiu, Szeto & Cheng) for the respondent