朱賽金 對 PIZZAEXPRESS (HONG KONG) LTD

朱賽金 對 PIZZAEXPRESS (HONG KONG) LTD

Leave to appeal was refused on all grounds because the contested affidavit contained no substantive material beyond annexed documents already before the court, the trial‑bundle update (including Chinese translations) was a legitimate case management measure benefitting the plaintiff, and there was no reasonable...

Source-derived case information.

Citation
[2020] HKDC 420
Parties
Plaintiff: CHU CHOI KAM (朱賽金); Defendant: PIZZAEXPRESS (HONG KONG) LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
2 July 2020
Case Number
DCPI2731/2018
Procedural Posture
Personal Injury Litigation / Pre Trial Case Management and Applications for Leave to Appeal
Outcome
All applications dismissed; leave to appeal refused in respect of the deletion of the affidavit, the trial bundle update, and the costs order arising from the 25 May 2020 subpoena; costs awarded to defendant.
Legal Topics
Case Management, Leave to Appeal, Disclosure, Translation of Documents, Costs Orders
Source Language
ch
Civil Procedure Appeals Costs Personal Injury Case Management Leave to Appeal Disclosure Translation of Documents +1 more

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Parties

CHU CHOI KAM (朱賽金)

Plaintiff

PIZZAEXPRESS (HONG KONG) LIMITED

Defendant

Procedural Posture

Personal Injury Litigation / Pre Trial Case Management and Applications for Leave to Appeal

  1. 1 Whether leave to appeal should be granted against deletion of a filed affidavit and related documents
  2. 2 Whether the court management decision ordering update of the trial bundle (including Chinese translations) should be set aside
  3. 3 Whether leave to appeal should be granted against the costs order relating to the 25 May 2020 subpoena

Ratio Decidendi

Leave to appeal was refused on all grounds because the contested affidavit contained no substantive material beyond annexed documents already before the court, the trial‑bundle update (including Chinese translations) was a legitimate case management measure benefitting the plaintiff, and there was no reasonable prospect of success or other compelling reason to grant leave; the costs orders made below are upheld and the plaintiff must pay the defendant's specified costs.

Court Disposition

All applications dismissed; leave to appeal refused in respect of the deletion of the affidavit, the trial bundle update, and the costs order arising from the 25 May 2020 subpoena; costs awarded to defendant.

Orders

  • Leave to appeal refused in respect of the judgment of 15 May 2019 deleting the affidavit and related orders
  • Leave to appeal refused in respect of the case management decision ordering update of the trial bundle (including Chinese translations)