THE OFFICIAL RECEIVER v. CHAN HING TO

THE OFFICIAL RECEIVER v. CHAN HING TO

Although the Court of Appeal's statutory jurisdiction under s.13(2) is acknowledged, the court exercised its discretion to refuse to hear an appeal that bypassed the rule requiring initial appeal to a judge in chambers (Order 58), and therefore struck out the notice of appeal and ordered costs against the appellant;...

Source-derived case information.

Citation
THE OFFICIAL RECEIVER v. CHAN HING TO
Parties
Plaintiff (respondent): The Official Receiver; Defendant (appellant): Chan Hing To
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
19 January 2007
Case Number
CACV84/2006
Procedural Posture
Civil Appeal Concerning Company Director Disqualification / Judgment on Application to Strike Out Notice of Appeal (court of Appeal)
Outcome
Notice of appeal struck out; Official Receiver succeeds on strike out application
Legal Topics
Director Disqualification, Appeal Venue and Jurisdiction, Rules of Court (order 58), Strike Out, Costs Orders
Source Language
en
Company Law Civil Procedure Court Jurisdiction Director Disqualification Appeal Venue and Jurisdiction Rules of Court (order 58) Strike Out Costs Orders

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The Official Receiver

Plaintiff (respondent)

Chan Hing To

Defendant (appellant)

Procedural Posture

Civil Appeal Concerning Company Director Disqualification / Judgment on Application to Strike Out Notice of Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to hear an appeal from a master's disqualification order under Order 58
  2. 2 Whether the notice of appeal lodged in the Court of Appeal should be struck out for failure to appeal to a judge in chambers
  3. 3 Whether the Court of Appeal should exercise its discretion to refuse to hear an appeal that bypasses the judge-in-chambers stage

Ratio Decidendi

Although the Court of Appeal's statutory jurisdiction under s.13(2) is acknowledged, the court exercised its discretion to refuse to hear an appeal that bypassed the rule requiring initial appeal to a judge in chambers (Order 58), and therefore struck out the notice of appeal and ordered costs against the appellant; parties may not circumvent the procedural structure established by the rules of court.

Court Disposition

Notice of appeal struck out; Official Receiver succeeds on strike out application

Orders

  • Order in terms of paragraph 1 of the Official Receiver's summons striking out the notice of appeal
  • Order nisi that costs follow the event; Mr Chan to pay the Official Receiver's costs of the application