KO SIN YUN v. CHAN CHUEN

KO SIN YUN v. CHAN CHUEN

Leave to appeal was refused because the judge was not satisfied on the materials before the court that there was a real possibility he had erred in the exercise of his discretion as to costs; the petition had been presented on the basis of a default judgment which, until set aside, was a regular judgment enforceable by petition, and Re Hon Sing Engineering was distinguishable as it concerned a disputed debt rather than a judgment debt.

Citation
KO SIN YUN v. CHAN CHUEN
Parties
Petitioner: Petitioner; Judgment Debtor: Judgment Debtor
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 May 2006
Case Number
HCB4824/2005
Procedural Posture
Bankruptcy Petition Costs; Application for Leave to Appeal / Ruling on Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed; costs to follow the event
Legal Topics
Costs Orders, Leave to Appeal, Default Judgment, Setting Aside Judgment, Withdrawal of Petition
Source Language
EN
Bankruptcy Insolvency Civil Procedure Costs Costs Orders Leave to Appeal Default Judgment Setting Aside Judgment +1 more

Case Brief

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Parties

Petitioner

Petitioner

Judgment Debtor

Judgment Debtor

Procedural Posture

Bankruptcy Petition Costs; Application for Leave to Appeal / Ruling on Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted against a costs decision relating to a withdrawn bankruptcy petition
  2. 2 Whether a petitioner who presented a petition based on a default judgment should bear costs when the underlying judgment is later set aside
  3. 3 Whether Re Hon Sing Engineering applies where the petition relied on a judgment debt that was obtained by default

Ratio Decidendi

Leave to appeal was refused because the judge was not satisfied on the materials before the court that there was a real possibility he had erred in the exercise of his discretion as to costs; the petition had been presented on the basis of a default judgment which, until set aside, was a regular judgment enforceable by petition, and Re Hon Sing Engineering was distinguishable as it concerned a disputed debt rather than a judgment debt.

Court Disposition

Application for leave to appeal dismissed; costs to follow the event

Orders

  • Application dismissed.
  • Costs to follow the event.