吳國樑 訴 吳宇軒及另一人

吳國樑 訴 吳宇軒及另一人

The appellant failed to demonstrate any question of law of general or public importance or any other exceptional reason to justify referral to the Court of Final Appeal; the complaints were factual disputes about the trial judge's findings and lacked a reasonable basis for leave, so the application was refused.

Source-derived case information.

Citation
[2024] HKCA 313
Parties
Appellant: 吳國樑; Respondent: 吳宇軒; Respondent: 吳宇光
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
17 April 2024
Case Number
CACV139/2022
Procedural Posture
Civil Appeal / Application for Leave to Appeal to the Court of Final Appeal Decided by Court of Appeal (leave Refused)
Outcome
application for leave to appeal to the Court of Final Appeal refused
Legal Topics
Leave to Appeal, Public Importance, Factual Findings, Cross Examination, Trial Judge Discretion
Source Language
ch
Civil Procedure Appeal Evidence Property Leave to Appeal Public Importance Factual Findings Cross Examination +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

吳國樑

Appellant

吳宇軒

Respondent

吳宇光

Respondent

Procedural Posture

Civil Appeal / Application for Leave to Appeal to the Court of Final Appeal Decided by Court of Appeal (leave Refused)

Legal Issues

  1. 1 Whether the appeal raises a question of general or public importance warranting leave to the Court of Final Appeal
  2. 2 Whether the trial judge erred in law or principle in accepting the defendants' financial evidence and credibility findings
  3. 3 Whether the appellant was denied procedural fairness by not being given opportunity to cross-examine the defendants

Ratio Decidendi

The appellant failed to demonstrate any question of law of general or public importance or any other exceptional reason to justify referral to the Court of Final Appeal; the complaints were factual disputes about the trial judge's findings and lacked a reasonable basis for leave, so the application was refused.

Court Disposition

application for leave to appeal to the Court of Final Appeal refused

Orders

  • leave to appeal to the Court of Final Appeal refused
  • no order as to costs