KOMAL PATEL AND OTHERS v. CHRIS AU AND OTHERS

KOMAL PATEL AND OTHERS v. CHRIS AU AND OTHERS

The application for recusal is dismissed: on the facts a fair-minded and informed observer would not apprehend a real possibility of bias. The asserted connection (judge’s brother and a plaintiff) was insubstantial or corrected, the applicant waived objections by delay and prior participation, interlocutory rulings and adverse comments were justified by the material and procedural context and do not show predetermination, and referral of alleged perjury was warranted by the evidence and admissions. Accordingly no recusal was required and costs are to follow.

Citation
KOMAL PATEL AND OTHERS v. CHRIS AU AND OTHERS
Parties
1st Plaintiff; 1st Defendant (counterclaim): Komal Patel; 2nd Plaintiff; 2nd Defendant (counterclaim): Jason Mark Cohen; 3rd Plaintiff; 3rd Defendant (counterclaim): Harilaos Apostolides; 4th Plaintiff; 4th Defendant (counterclaim): Rocky Cape International Limited; 1st Defendant; Plaintiff (counterclaim): Chris Au; 2nd Defendant: Ho Ching Yi Elsa; 3rd Defendant; 7th Defendant (counterclaim): Retribution Limited; 5th Defendant (counterclaim): Essence Investments Limited; 6th Defendant (counterclaim): Yew Kuan Cheong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 November 2015
Case Number
HCA183/2014
Procedural Posture
Commercial Litigation / Recusal Application at Interlocutory/pre Trial Stage
Outcome
Recusal application dismissed
Legal Topics
Apparent Bias, Recusal of Judge, Freezing Injunction, Waiver of Objection, Referral to Prosecuting Authority (perjury)
Source Language
EN
Civil Procedure Company Law Evidence Judicial Administration Injunctions Apparent Bias Recusal of Judge Freezing Injunction +2 more

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Parties

Komal Patel

1st Plaintiff; 1st Defendant (counterclaim)

Jason Mark Cohen

2nd Plaintiff; 2nd Defendant (counterclaim)

Harilaos Apostolides

3rd Plaintiff; 3rd Defendant (counterclaim)

Rocky Cape International Limited

4th Plaintiff; 4th Defendant (counterclaim)

Chris Au

1st Defendant; Plaintiff (counterclaim)

Ho Ching Yi Elsa

2nd Defendant

Retribution Limited

3rd Defendant; 7th Defendant (counterclaim)

Essence Investments Limited

5th Defendant (counterclaim)

Yew Kuan Cheong

6th Defendant (counterclaim)

Procedural Posture

Commercial Litigation / Recusal Application at Interlocutory/pre Trial Stage

Legal Issues

  1. 1 Whether there is a reasonable apprehension of bias requiring recusal
  2. 2 Whether the applicant waived any objection by delay or participation
  3. 3 Whether prior interlocutory findings or comments amount to predetermination

Ratio Decidendi

The application for recusal is dismissed: on the facts a fair-minded and informed observer would not apprehend a real possibility of bias. The asserted connection (judge’s brother and a plaintiff) was insubstantial or corrected, the applicant waived objections by delay and prior participation, interlocutory rulings and adverse comments were justified by the material and procedural context and do not show predetermination, and referral of alleged perjury was warranted by the evidence and admissions. Accordingly no recusal was required and costs are to follow.

Court Disposition

Recusal application dismissed

Orders

  • Recusal application dismissed
  • Order nisi that the 1st defendant pay the costs of the other parties in relation to the recusal application, to be taxed if not agreed