RE CHOY BING WING

RE CHOY BING WING

No arguable or valid grounds for leave to appeal were demonstrated; the questions raised were irrelevant or scandalous; the debtor’s refusal to give an undertaking justified withholding transcripts; accordingly the application for leave was dismissed and costs awarded.

Citation
RE CHOY BING WING
Parties
Judgment Debtor: Choy Bing Wing; Judgment Creditor: Director of Housing Department of the Government of the Hong Kong Special Administrative Region
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 December 2013
Case Number
HCB12343/2009
Procedural Posture
Bankruptcy Proceedings / Application for Leave to Appeal
Outcome
Application dismissed with costs
Legal Topics
Charging Order, Leave to Appeal, Transcript of Proceedings, Summary Assessment of Costs
Source Language
EN
Bankruptcy Civil Procedure Costs Charging Order Leave to Appeal Transcript of Proceedings Summary Assessment of Costs

Case Brief

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Parties

Choy Bing Wing

Judgment Debtor

Director of Housing Department of the Government of the Hong Kong Special Administrative Region

Judgment Creditor

Procedural Posture

Bankruptcy Proceedings / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the judgment debtor has arguable grounds for leave to appeal
  2. 2 Whether the court should order release of hearing transcripts without an undertaking
  3. 3 Whether the Master’s administrative Order precludes ventilating substantive arguments

Ratio Decidendi

No arguable or valid grounds for leave to appeal were demonstrated; the questions raised were irrelevant or scandalous; the debtor’s refusal to give an undertaking justified withholding transcripts; accordingly the application for leave was dismissed and costs awarded.

Court Disposition

Application dismissed with costs

Orders

  • Application for leave to appeal dismissed
  • Costs awarded to judgment creditor summarily assessed at HK$19,100.40