BANK OF QINGDAO CO., LTD v. OOO SECURITIES (HK) GROUP LTD (formerly known as ORIENTIERT XYZ SECURITIES LTD)

BANK OF QINGDAO CO., LTD v. OOO SECURITIES (HK) GROUP LTD (formerly known as ORIENTIERT XYZ SECURITIES LTD)

The Deputy Judge found no real prospect of success on the proposed grounds of appeal because the construction of the Unless Order was correctly reached by reference to syntax, context and court practice; discretionary allowances of the Everglory and Clause 3.2 Amendments were reasonable, not bound to fail and raised triable issues; accordingly leave to appeal was refused and the summons dismissed, with costs awarded to BOQ.

Citation
[2025] HKCFI 3503
Parties
Plaintiff in HCA 1127/2022; Defendant in HCA 1141/2022: Bank of Qingdao Co., Ltd.; Defendant in HCA 1127/2022; Plaintiff in HCA 1141/2022: OOO Securities (HK) Group Limited (formerly Orientiert XYZ Securities Limited)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 August 2025
Case Number
HCA1127/2022
Procedural Posture
Civil Interlocutory Dispute Concerning Leave to Appeal and Contested Amendments to Pleadings / Chambers Decision on Summons for Leave to Appeal From Earlier Master and Deputy High Court Decisions; Summons Dismissed
Outcome
Summons for leave to appeal dismissed
Legal Topics
Unless Order, Interlocutory Applications, Amendments to Pleadings, Leave to Appeal, Relief From Sanction, Costs Assessment
Source Language
EN
Civil Procedure Appeals Pleadings Costs Unless Order Interlocutory Applications Amendments to Pleadings Leave to Appeal +2 more

Case Brief

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Parties

Bank of Qingdao Co., Ltd.

Plaintiff in HCA 1127/2022; Defendant in HCA 1141/2022

OOO Securities (HK) Group Limited (formerly Orientiert XYZ Securities Limited)

Defendant in HCA 1127/2022; Plaintiff in HCA 1141/2022

Procedural Posture

Civil Interlocutory Dispute Concerning Leave to Appeal and Contested Amendments to Pleadings / Chambers Decision on Summons for Leave to Appeal From Earlier Master and Deputy High Court Decisions; Summons Dismissed

Legal Issues

  1. 1 Construction of the Unless Order and scope over interlocutory applications
  2. 2 Whether leave to appeal should be granted
  3. 3 Whether Everglory Amendments are embarrassing, lack particulars or are impermissible alternatives and thus should be disallowed

Ratio Decidendi

The Deputy Judge found no real prospect of success on the proposed grounds of appeal because the construction of the Unless Order was correctly reached by reference to syntax, context and court practice; discretionary allowances of the Everglory and Clause 3.2 Amendments were reasonable, not bound to fail and raised triable issues; accordingly leave to appeal was refused and the summons dismissed, with costs awarded to BOQ.

Court Disposition

Summons for leave to appeal dismissed

Orders

  • OOO Securities shall pay Bank of Qingdao costs of the Summons with certificate for two counsel, summarily assessed at HK$380,000
  • Claim for indemnity costs refused