南洋商業銀行有限公司及另一人 對 黃永光及另一人

南洋商業銀行有限公司及另一人 對 黃永光及另一人

The court upheld the trial judge's exercise of case management discretion under Order 1, found no error or bias, and determined the applicant had not shown a reasonable prospect of success or other compelling grounds to grant leave; accordingly permission to appeal was refused and costs and procedural restrictions...

Source-derived case information.

Citation
南洋商業銀行有限公司及另一人 對 黃永光及另一人
Parties
Plaintiff: 南洋商業銀行有限公司; Plaintiff: 南洋商業銀行(中國)有限公司; Defendant: 黃永光; Defendant: 譚美
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 November 2012
Case Number
HCMP1929/2012
Procedural Posture
Civil Appeal / Permission to Appeal (leave) Application
Outcome
Permission to appeal refused
Legal Topics
Case Management, Permission to Appeal, Amendment of Pleadings, Admission of Evidence, Judicial Bias
Source Language
ch
Civil Procedure Appeal Costs Case Management Permission to Appeal Amendment of Pleadings Admission of Evidence Judicial Bias

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Parties

南洋商業銀行有限公司

Plaintiff

南洋商業銀行(中國)有限公司

Plaintiff

黃永光

Defendant

譚美

Defendant

Procedural Posture

Civil Appeal / Permission to Appeal (leave) Application

  1. 1 Whether the judge erred in refusing the defendant's applications to amend pleadings and to admit further evidence
  2. 2 Whether the judge failed to observe the purpose of case management under Order 1 of the High Court Rules
  3. 3 Whether there was judicial bias warranting permission to appeal

Ratio Decidendi

The court upheld the trial judge's exercise of case management discretion under Order 1, found no error or bias, and determined the applicant had not shown a reasonable prospect of success or other compelling grounds to grant leave; accordingly permission to appeal was refused and costs and procedural restrictions were ordered.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal refused.
  • First defendant ordered to pay the plaintiffs' costs of this application.