楊嬡 對 聯旺集團控股有限公司及另一人

楊嬡 對 聯旺集團控股有限公司及另一人

The summons filed by the plaintiff on 24 May 2024 is dismissed because the substantive decision revoking permission to appeal is not overturnable on that summons (statutory bar under Cap.336 s63B) and the plaintiff offered no reasonable basis to vary the interim costs order; therefore the order that the plaintiff...

Source-derived case information.

Citation
[2024] HKCA 527
Parties
Plaintiff: 楊嬡; First Defendant: 聯旺集團控股有限公司; Second Defendant: 耀才證券國際（香港）有限公司
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
18 June 2024
Case Number
CAMP273/2023
Procedural Posture
Appeal (permission to Appeal) / Application for Permission to Appeal and Interlocutory Summons Opposing Costs Order
Outcome
Summons of 24 May 2024 dismissed; earlier order requiring plaintiff to pay HKD14,000 to second defendant upheld; no further costs awarded.
Legal Topics
Permission to Appeal, Statutory Bar on Appeal, Interim Costs Orders, Summons to Oppose Order
Source Language
ch
Civil Procedure Appeals Costs Permission to Appeal Statutory Bar on Appeal Interim Costs Orders Summons to Oppose Order

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

楊嬡

Plaintiff

聯旺集團控股有限公司

First Defendant

耀才證券國際（香港）有限公司

Second Defendant

Procedural Posture

Appeal (permission to Appeal) / Application for Permission to Appeal and Interlocutory Summons Opposing Costs Order

Legal Issues

  1. 1 Whether the court's decision refusing permission to appeal is subject to further appeal
  2. 2 Whether the plaintiff's summons filed 24 May 2024 seeking to set aside the costs order has any reasonable basis
  3. 3 Whether the interim costs order requiring the plaintiff to pay HKD14,000 should be varied or reversed

Ratio Decidendi

The summons filed by the plaintiff on 24 May 2024 is dismissed because the substantive decision revoking permission to appeal is not overturnable on that summons (statutory bar under Cap.336 s63B) and the plaintiff offered no reasonable basis to vary the interim costs order; therefore the order that the plaintiff pay the second defendant HKD14,000 stands and no further costs are ordered.

Court Disposition

Summons of 24 May 2024 dismissed; earlier order requiring plaintiff to pay HKD14,000 to second defendant upheld; no further costs awarded.

Orders

  • Summons dated 24 May 2024 revoked/dismissed
  • Previous interim order requiring plaintiff to pay HKD14,000 to the second defendant affirmed