MACPI GROUP (HK) LTD v. YAP BEE HONG CHRISAND

MACPI GROUP (HK) LTD v. YAP BEE HONG CHRISAND

Leave to appeal was refused because the plaintiff failed to demonstrate a reasonable prospect of success; the trial judge properly exercised discretion under Order 38 in allowing limited amplification of the defendant's oral evidence and correctly refused the late 5th witness statement as contrary to procedural rules and without merit; consequently the stay pending appeal was dismissed and costs were awarded to the plaintiff in the application (to be taxed if not agreed).

Citation
MACPI GROUP (HK) LTD v. YAP BEE HONG CHRISAND
Parties
Plaintiff in DCCJ 5593/2007; Defendant in DCCJ 605/2008: Macpi Group (HK) Limited; Defendant in DCCJ 5593/2007; Plaintiff in DCCJ 605/2008: Yap Bee Hong Chrisand
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 June 2012
Case Number
DCCJ5593/2007
Procedural Posture
Consolidated Civil Proceedings in District Court Concerning Employment Dispute / Application for Leave to Appeal From Trial Judgment and Application for Stay of Execution Pending Appeal
Outcome
Leave to appeal refused; application for stay of execution pending appeal dismissed; costs awarded against the plaintiff for the application for leave and the hearing
Legal Topics
Leave to Appeal, Witness Statements, Re Opening Closed Case, Pleadings, Natural Justice/bias Allegation, Stay of Execution, Costs
Source Language
EN
Employment Law Civil Procedure Evidence Appeals Judicial Review of Procedural Fairness Leave to Appeal Witness Statements Re Opening Closed Case +4 more

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Parties

Macpi Group (HK) Limited

Plaintiff in DCCJ 5593/2007; Defendant in DCCJ 605/2008

Yap Bee Hong Chrisand

Defendant in DCCJ 5593/2007; Plaintiff in DCCJ 605/2008

Procedural Posture

Consolidated Civil Proceedings in District Court Concerning Employment Dispute / Application for Leave to Appeal From Trial Judgment and Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted
  2. 2 Whether the judge erred in allowing the defendant to amplify her witness evidence at trial
  3. 3 Whether the judge erred in refusing admission of the plaintiff's 5th witness statement after close of the plaintiff's case

Ratio Decidendi

Leave to appeal was refused because the plaintiff failed to demonstrate a reasonable prospect of success; the trial judge properly exercised discretion under Order 38 in allowing limited amplification of the defendant's oral evidence and correctly refused the late 5th witness statement as contrary to procedural rules and without merit; consequently the stay pending appeal was dismissed and costs were awarded to the plaintiff in the application (to be taxed if not agreed).

Court Disposition

Leave to appeal refused; application for stay of execution pending appeal dismissed; costs awarded against the plaintiff for the application for leave and the hearing

Orders

  • Leave to appeal refused
  • Application for stay of execution pending appeal dismissed