SECRETARY FOR JUSTICE v. CHOY BING WING

SECRETARY FOR JUSTICE v. CHOY BING WING

Leave to appeal was refused because the applicant's materials were directed to re-opening matters already decided and did not demonstrate any error in the judge's exercise of discretion in making the charging orders absolute; therefore an appeal would be futile and leave should be refused, with an order preventing reconsideration at an oral inter partes hearing.

Citation
SECRETARY FOR JUSTICE v. CHOY BING WING
Parties
Judgment Creditor; Respondent: Secretary for Justice; Judgment Debtor; Applicant: Choy Bing Wing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 April 2010
Case Number
HCMP613/2010
Procedural Posture
Application for Leave to Appeal in the Court of Appeal (miscellaneous Proceedings) / Decision on Application for Leave to Appeal (refused)
Outcome
Application for leave to appeal refused.
Legal Topics
Charging Orders (nisi and Absolute), Leave to Appeal, Reopening Underlying Merits, Exercise of Judicial Discretion
Source Language
EN
Civil Procedure Execution of Judgments Costs Appellate Procedure Charging Orders (nisi and Absolute) Leave to Appeal Reopening Underlying Merits Exercise of Judicial Discretion

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Parties

Secretary for Justice

Judgment Creditor; Respondent

Choy Bing Wing

Judgment Debtor; Applicant

Procedural Posture

Application for Leave to Appeal in the Court of Appeal (miscellaneous Proceedings) / Decision on Application for Leave to Appeal (refused)

Legal Issues

  1. 1 Whether leave to appeal should be granted from the Deputy High Court Judge's order making charging orders absolute
  2. 2 Whether a judgment debtor may re-open the matters underlying the costs orders on an application to make charging orders absolute
  3. 3 Whether the judge erred in the exercise of his discretion in making the charging orders absolute

Ratio Decidendi

Leave to appeal was refused because the applicant's materials were directed to re-opening matters already decided and did not demonstrate any error in the judge's exercise of discretion in making the charging orders absolute; therefore an appeal would be futile and leave should be refused, with an order preventing reconsideration at an oral inter partes hearing.

Court Disposition

Application for leave to appeal refused.

Orders

  • Leave to appeal refused
  • Order under O.59 r.2A(8) that the applicant may not request reconsideration at an oral hearing inter partes