SKK (H.K.) CO. LTD. AND ANOTHER v. TSUI PO HING AND ANOTHER

SKK (H.K.) CO. LTD. AND ANOTHER v. TSUI PO HING AND ANOTHER

Leave Summons dismissed because defendants failed to demonstrate reasonable prospects of success on the proposed appeals or any other interest of justice warranting intervention; the Sale Order is appealable as of right but the grounds raised are without merit; case management decisions (dismissals, refusals for transcripts and translation) were within the judge's discretion and not plainly wrong; audio recording was offered and unofficial translation provided; costs follow the event and will be assessed by gross sum assessment.

Citation
[2021] HKCFI 3219
Parties
1st Plaintiff: SKK (H.K.) CO. LTD.; 2nd Plaintiff: SK KAKEN CO. LTD.; 1st Defendant: TSUI PO HING; 2nd Defendant: TSUI PO CHEUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 October 2021
Case Number
HCMP934/2019
Procedural Posture
Charging Orders; Order for Sale; Application for Leave to Appeal Out of Time / Decision on Leave Summons (application for Leave to Appeal Out of Time)
Outcome
Leave Summons dismissed
Legal Topics
Charging Order, Order for Sale, Leave to Appeal Out of Time, Case Management, Translation of Judgment, Transcripts, Costs Assessment, Allegations of Fraud, Set Off
Source Language
EN
Civil Procedure Appeal Property Equity Costs Legal Aid Charging Order Order for Sale +7 more

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Parties

SKK (H.K.) CO. LTD.

1st Plaintiff

SK KAKEN CO. LTD.

2nd Plaintiff

TSUI PO HING

1st Defendant

TSUI PO CHEUNG

2nd Defendant

Procedural Posture

Charging Orders; Order for Sale; Application for Leave to Appeal Out of Time / Decision on Leave Summons (application for Leave to Appeal Out of Time)

Legal Issues

  1. 1 Whether leave to appeal out of time should be granted
  2. 2 Whether the Sale Order is appealable as of right
  3. 3 Whether alleged fraud vitiates the 1st Judgment Debt or the Sale Order

Ratio Decidendi

Leave Summons dismissed because defendants failed to demonstrate reasonable prospects of success on the proposed appeals or any other interest of justice warranting intervention; the Sale Order is appealable as of right but the grounds raised are without merit; case management decisions (dismissals, refusals for transcripts and translation) were within the judge's discretion and not plainly wrong; audio recording was offered and unofficial translation provided; costs follow the event and will be assessed by gross sum assessment.

Court Disposition

Leave Summons dismissed

Orders

  • Leave Summons dismissed
  • Costs nisi: defendants shall pay the costs of and occasioned by the Leave Summons forthwith to be assessed by way of gross sum assessment