CHUNG YUEN YEE v. SAM WOO BORE PILE FOUNDATION LTD AND OTHERS
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FAMV No.1 of 2012
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 1 OF 2012 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV 145 OF 2010)
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Between:
| CHUNG YUEN YEE, THE ADMINISTRATRIX OF THE ESTATE OF LAI WING KEE, DECEASED | Plaintiff (1st Respondent) | |
| - and - | ||
| SAM WOO BORE PILE FOUNDATION LIMITED | 1st Defendant (1st Applicant) | |
| SAM WOO ENGINEERING EQUIPMENT LIMITD | 2nd Defendant (2ndRespondent) | |
| SAM WOO CONSTRUCTION LIMITED | 3rd Defendant (2nd Applicant) | |
| SAM WOO SHIP BUILDING LIMITED | 4th Defendant (3rd Applicant) |
_____________________
| Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ |
| Date of Hearing: 28 March 2012 |
| Date of Determination: 28 March 2012 |
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D E T E R M I N A T I O N
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Mr Justice Bokhary PJ :
1. On the matter other than contributory negligence, there are reasonably arguable questions, including the one formulated and handed up during the hearing, worthy of the Court of Final Appeal's attention. Leave to appeal is granted on that matter upon those questions.
2. We do not, however, grant leave to appeal on contributory negligence. As seems to us, the Court of Appeal's decision in regard to contributory negligence turned on the specific facts of the case and does not really give rise to the question put forward in that regard.
| (Kemal Bokhary) | (Patrick Chan) | (RAV Ribeiro) |
| Permanent Judge | Permanent Judge | Permanent Judge |
Mr Russell Coleman, SC & Ms Queenie W S Ng, instructed by Gilbert Tang & Co, for the applicants
Mr Andy Hung, instructed by Pansy Leung Tang & Chua and assigned by the Director of Legal Aid, for the 1st respondent
Mr Lee Tung Ming, instructed by Deacons, for the 2nd respondent