SECRETARY FOR JUSTICE v. CHOY BING WING

SECRETARY FOR JUSTICE v. CHOY BING WING

The application for leave to appeal was refused because the applicant's material sought to re-open the underlying matters rather than show that the judge erred in exercising his discretion in making the charging orders absolute; therefore any appeal would be futile.

Citation
SECRETARY FOR JUSTICE v. CHOY BING WING
Parties
Judgment Creditor: Secretary for Justice; Judgment Debtor / Applicant: Choy Bing Wing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 April 2010
Case Number
HCMP4694/2003
Procedural Posture
Miscellaneous Proceedings — Charging Order Applications; Application for Leave to Appeal / Application for Leave to Appeal From Order Making Charging Orders Absolute; Refusal of Leave
Outcome
Leave to appeal refused.
Legal Topics
Charging Order, Leave to Appeal, Execution of Judgment, Reopening Substantive Proceedings, Judicial Discretion
Source Language
EN
Civil Procedure Enforcement Appeals Costs Charging Order Leave to Appeal Execution of Judgment Reopening Substantive Proceedings +1 more

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Parties

Secretary for Justice

Judgment Creditor

Choy Bing Wing

Judgment Debtor / Applicant

Procedural Posture

Miscellaneous Proceedings — Charging Order Applications; Application for Leave to Appeal / Application for Leave to Appeal From Order Making Charging Orders Absolute; Refusal of Leave

Legal Issues

  1. 1 Whether leave to appeal should be granted against the order making charging orders absolute
  2. 2 Whether a judgment debtor may re-open substantive matters that led to costs orders in charging order proceedings
  3. 3 Whether the applicant demonstrated error in the judge's exercise of discretion

Ratio Decidendi

The application for leave to appeal was refused because the applicant's material sought to re-open the underlying matters rather than show that the judge erred in exercising his discretion in making the charging orders absolute; therefore any appeal would be futile.

Court Disposition

Leave to appeal refused.

Orders

  • Application for leave to appeal refused.
  • Order under O.59 r.2A(8) that the applicant may not request that this determination be reconsidered at an oral hearing inter partes.