CHAN LAI SHING 對 THE HONGKONG AND SHANGHAI BANKING CORP.

CHAN LAI SHING 對 THE HONGKONG AND SHANGHAI BANKING CORP.

Because the appellant consented and the respondent did not oppose cancellation, the Court of Appeal cancelled the notice of appeal filed 14 February 2024; having regard to the appellant's failure to comply with the Rules of the High Court which caused the respondent to incur costs, the appellant was ordered to pay...

Source-derived case information.

Citation
[2024] HKCA 570
Parties
Appellant: CHAN LAI SHING; Respondent: THE HONGKONG AND SHANGHAI BANKING CORP.
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
25 June 2024
Case Number
CACV53/2024
Procedural Posture
Civil Appeal / Appeal Against Interlocutory Order; Notice of Appeal Cancelled Following Consent; Costs Assessed
Outcome
Notice of appeal filed 14 February 2024 cancelled; appellant ordered to pay respondent's costs
Legal Topics
Notice of Appeal, Withdrawal/cancellation of Appeal, Compliance With Procedural Rules, Costs Assessment, Misleading Procedural Guidance
Source Language
ch
Civil Procedure Appellate Jurisdiction Costs Notice of Appeal Withdrawal/cancellation of Appeal Compliance With Procedural Rules Costs Assessment Misleading Procedural Guidance

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Parties

CHAN LAI SHING

Appellant

THE HONGKONG AND SHANGHAI BANKING CORP.

Respondent

Procedural Posture

Civil Appeal / Appeal Against Interlocutory Order; Notice of Appeal Cancelled Following Consent; Costs Assessed

Legal Issues

  1. 1 Whether the notice of appeal was properly brought to the Court of Appeal
  2. 2 Whether the appellant could withdraw the notice of appeal or the court should cancel it
  3. 3 Whether the appellant should be ordered to pay the respondent's costs caused by the erroneous filing

Ratio Decidendi

Because the appellant consented and the respondent did not oppose cancellation, the Court of Appeal cancelled the notice of appeal filed 14 February 2024; having regard to the appellant's failure to comply with the Rules of the High Court which caused the respondent to incur costs, the appellant was ordered to pay the respondent's reasonable costs of the appeal, assessed on the summary procedure at HK$4,330, after discounting overlap with related proceedings.

Court Disposition

Notice of appeal filed 14 February 2024 cancelled; appellant ordered to pay respondent's costs

Orders

  • The Court cancels the appellant's notice of appeal filed 14 February 2024
  • The appellant is ordered to pay the respondent's costs of the appeal in the sum of HK$4,330 assessed on the summary basis