CHOY BING WING v. DIRECTOR OF HOUSING DEPARTMENT OF THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

CHOY BING WING v. DIRECTOR OF HOUSING DEPARTMENT OF THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

The Court refused leave to appeal because the Deputy Judge had properly considered and applied the law including the jurisdiction point, the proposed grounds were without merit or scandalous, a transcript was unnecessary for a rehearing, and therefore the proposed appeal had no prospects of success; leave was dismissed and costs were ordered against the appellant to be assessed.

Citation
CHOY BING WING v. DIRECTOR OF HOUSING DEPARTMENT OF THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
Parties
Debtor (intended Appellant): Choy Bing Wing; Creditor (intended Respondent): Director of Housing Department of the Government of the Hong Kong Special Administrative Region
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 October 2014
Case Number
HCMP959/2014
Procedural Posture
Application for Leave to Appeal to Court of Appeal (charging Order Appeal) / Application for Leave to Appeal After Dismissal by Deputy High Court Judge
Outcome
Application for leave to appeal dismissed; order nisi made for costs against Mr Choy to Director; no party may request oral reconsideration of this application under RHC Order 59 r 2A(8)
Legal Topics
Charging Order, Leave to Appeal, Recusal, Jurisdiction, Transcript Disclosure, Assessment of Costs
Source Language
EN
Civil Procedure Bankruptcy Property Law Costs Charging Order Leave to Appeal Recusal Jurisdiction +2 more

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Parties

Choy Bing Wing

Debtor (intended Appellant)

Director of Housing Department of the Government of the Hong Kong Special Administrative Region

Creditor (intended Respondent)

Procedural Posture

Application for Leave to Appeal to Court of Appeal (charging Order Appeal) / Application for Leave to Appeal After Dismissal by Deputy High Court Judge

Legal Issues

  1. 1 Whether leave to appeal should be granted from dismissal of appeal against charging order absolute
  2. 2 Whether the lower courts abused process or failed to address jurisdiction by treating withdrawn proceedings under Bankruptcy Ordinance (Cap 6) as live
  3. 3 Whether the judge had duty to order release of transcript/tape for appeal

Ratio Decidendi

The Court refused leave to appeal because the Deputy Judge had properly considered and applied the law including the jurisdiction point, the proposed grounds were without merit or scandalous, a transcript was unnecessary for a rehearing, and therefore the proposed appeal had no prospects of success; leave was dismissed and costs were ordered against the appellant to be assessed.

Court Disposition

Application for leave to appeal dismissed; order nisi made for costs against Mr Choy to Director; no party may request oral reconsideration of this application under RHC Order 59 r 2A(8)

Orders

  • Application for leave to appeal is dismissed
  • No party may request that the application be reconsidered at an oral hearing pursuant to RHC Order 59 r 2A(8)