Hong Kong Case Law: Decisions & Judgments

Topic

Interlocutory appeal jurisdiction

Legal area

Court

27 Mar 2019

CHUN WO CONSTRUCTION & ENGINEERING CO LTD AND OTHERS v. THE HONG KONG HOUSING AUTHORITY

Citation

[2019] HKCA 369
Court

Court of Appeal
Case number

CACV431/2018

The Court dismissed both appeals: the judge correctly refused leave to appeal the arbitral award because the arbitrator's construction of the Schedule of Rates was not 'obviously wrong' and the matter was a 'one‑off' dispute; the defendant's appeal against the judge's grant of leave to appeal that refusal was incompetent because no further leave under the High Court Ordinance was obtained and there is no statutory basis to appeal the subsequent leave decision under Schedule 2, so the appeal is jurisdictionally defective.
7 Jul 1998

TO KAN CHI AND OTHERS v. PUI MAN YAU AND OTHERS

Citation

TO KAN CHI AND OTHERS v. PUI MAN YAU AND OTHERS
Court

Court of Final Appeal
Case number

FAMV11/1998

The application for leave to appeal was dismissed because the Court of Appeal rightly concluded that the trial judge erred in principle in allowing overly broad subpoenas duces tecum directed at government departments; s13(2)(a) Cap 4 empowers the Court of Appeal to intervene in such interlocutory matters, and no sufficient arguable error of law of general public importance was shown to justify leave to appeal to the Court of Final Appeal.
26 Jun 1998

TO KAN CHI AND OTHERS v. PUI MAN YAU AND OTHERS

Citation

TO KAN CHI AND OTHERS v. PUI MAN YAU AND OTHERS
Court

Court of Appeal
Case number

CACV117/1998

Leave to appeal was refused because the questions identified were narrow, fact‑specific and not of the great general or public importance required by s.22(1)(b); the interlocutory order in issue did not fall within the class of appealable orders established by precedent; the government departments were not parties and the circumstances did not justify referral of broad policy questions to the Court of Final Appeal.
3 May 1991

LAM CHOI KING v. YEUNG FOOK CHI AND OTHERS

Citation

LAM CHOI KING v. YEUNG FOOK CHI AND OTHERS
Court

Court of Appeal
Case number

CACV10/1991

The Court held the trial judge's exclusionary ruling did not amount to an 'order' within ss.13-14 Supreme Court Ordinance such that an appeal as of right lay; not every interlocutory ruling attains the status of an appealable order and the appropriate remedies for erroneous exclusion/admission of evidence are governed by the new trial provisions and applicable rules, so the interlocutory appeal was incompetent and was struck out.

Hong Kong Case Law

CHUN WO CONSTRUCTION & ENGINEERING CO LTD AND OTHERS v. THE HONG KONG HOUSING AUTHORITY

TO KAN CHI AND OTHERS v. PUI MAN YAU AND OTHERS

TO KAN CHI AND OTHERS v. PUI MAN YAU AND OTHERS

LAM CHOI KING v. YEUNG FOOK CHI AND OTHERS