CHOY BING WING v. BUILDING AUTHORITY OF THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION, CHINA AND OTHERS

CHOY BING WING v. BUILDING AUTHORITY OF THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION, CHINA AND OTHERS

Leave to appeal refused because the questions advanced had no reasonable prospect of success: the registrar's refusal to release transcripts was proper, there was no demonstrated real possibility of bias by the master or judge, and the applicant failed to show cause to prevent the charging order from being made absolute; the Court properly exercised Order 59 rule 2A powers to decide on the papers and to refuse reconsideration by oral hearing.

Citation
CHOY BING WING v. BUILDING AUTHORITY OF THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION, CHINA AND OTHERS
Parties
Plaintiff: Choy Bing Wing; 1st Defendant: Building Authority of the Government of the Hong Kong Special Administrative Region; 2nd Defendant: Director of Civil Engineering Department of the Government of the Hong Kong Special Administrative Region; 3rd Defendant: Commissioner of Independent Commission Against Corruption of the Government of the Hong Kong Special Administrative Region
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 February 2012
Case Number
HCMP2467/2011
Procedural Posture
Application for Leave to Appeal From Interlocutory Ruling and Enforcement Proceedings / Court of Appeal Determination on Leave to Appeal (application Heard on Papers)
Outcome
Application for leave to appeal dismissed
Legal Topics
Recusal, Charging Order Absolute, Leave to Appeal, Taxation of Costs, Access to Court Transcripts
Source Language
EN
Civil Procedure Judicial Recusal Enforcement of Judgment Costs Enforcement Recusal Charging Order Absolute Leave to Appeal Taxation of Costs +1 more

Case Brief

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 4 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Choy Bing Wing

Plaintiff

Building Authority of the Government of the Hong Kong Special Administrative Region

1st Defendant

Director of Civil Engineering Department of the Government of the Hong Kong Special Administrative Region

2nd Defendant

Commissioner of Independent Commission Against Corruption of the Government of the Hong Kong Special Administrative Region

3rd Defendant

Procedural Posture

Application for Leave to Appeal From Interlocutory Ruling and Enforcement Proceedings / Court of Appeal Determination on Leave to Appeal (application Heard on Papers)

Legal Issues

  1. 1 Whether a judge may lawfully refuse release of transcripts and tape records to a party
  2. 2 Whether a judge who previously dealt with aspects of a case must recuse on subsequent related matters absent a real possibility of bias
  3. 3 Whether a charging order can be made absolute while the underlying order giving rise to the debt is interlocutory or under appeal

Ratio Decidendi

Leave to appeal refused because the questions advanced had no reasonable prospect of success: the registrar's refusal to release transcripts was proper, there was no demonstrated real possibility of bias by the master or judge, and the applicant failed to show cause to prevent the charging order from being made absolute; the Court properly exercised Order 59 rule 2A powers to decide on the papers and to refuse reconsideration by oral hearing.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Leave to appeal refused
  • Order under Order 59 rule 2A(8) that the applicant may not request reconsideration at an oral hearing pursuant to rule 2A(7)