24 Dec 2012
HONG JING CO LTD v. ZHUHAI KWOK YUEN INVESTMENT CO LTD
- Citation
- HONG JING CO LTD v. ZHUHAI KWOK YUEN INVESTMENT CO LTD
- Court
- Court of Appeal
- Case number
- CACV254/2011
The plaintiff's claim for an account of profits is unliquidated because the amount must be assessed; therefore it does not qualify as an appeal 'as of right' under s.22(1)(a). The 'or otherwise' limb does not apply because ordering a retrial on limited issues does not produce grievous injustice or an exceptional circumstance warranting leave. Consequently both leave applications are refused and the retrial ordered by the Court of Appeal stands.