POON TING CHAU v. WONG KWOK CHI AND ANOTHER

CACV 65/2007 and CACV 66/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 65 OF 2007

(ON APPEAL FROM HCMP 5314 OF 2002)

———————-

BETWEEN

POON TING CHAU Plaintiff
and
WONG KWOK CHI 1st Defendant
YAM WING HAN AGNES 2nd Defendant

And

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 66 OF 2007

(ON APPEAL FROM HCA 2903 OF 2004)

———————-

BETWEEN

POON TING CHAU Plaintiff
and
WONG KWOK CHI 1st Defendant
YAM WING HAN AGNES 2nd Defendant

Before : Hon Cheung and Yuen JJA in Court

Date of Hearing : 5 June 2009

Date of Decision : 5 June 2009

Date of Reasons for Decision : 9 June 2009

———————————————

REASONS FOR DECISION

——————————————-

Hon Cheung JA (giving reasons for decision of the Court) :

1. The plaintiff applied for leave to appeal to the Court of Final Appeal against our judgment of 19 February 2009.

2. The plaintiff complained that the Court was not validly constituted to hear his appeal. This is misconceived. Any appeal againstan interlocutory judgment is to be heard by two justices of appeal of the Court of Appeal, see : section 34B(4)(a) of the High Court Ordinance (Cap. 4). The judgment in question was an interlocutory judgment : Shell Hong Kong Limited v. Yeung Wai Man Kiu Yip Co Ltd & Another [2003] 3 HKLRD 62. The fact that the two judges of the Court of Appeal who heard the plaintiff’s appeal attended the same class in university isan irrelevant consideration concerning the validity of the constitution of the Court.

3. In any event the application did not fulfil the requirement of section 22(1)(b) of the Court of Final Appeal Ordinance (Cap. 484). No issues of great, general or public importance or otherwise which ought to be submitted to the Court of Final Appealfor decision had been identified by the plaintiff.

4. Accordingly the application was dismissed with costs assessed at $15,000 to the 1st defendant.

(Peter Cheung) (Maria Yuen)
Justice of Appeal Justice of Appeal

Plaintiff in both appeals, in person, present

Mr. Matthew T. S. Tse, instructed by Messrs Tang, Lee & Co., for the 1st Defendants in both appeals