朱賽金 對 PIZZAEXPRESS (HONG KONG) LTD

朱賽金 對 PIZZAEXPRESS (HONG KONG) LTD

The judge declined to recuse because the plaintiff's allegations lacked factual foundation and did not establish actual bias; a reasonable, informed observer would not apprehend that the judge was biased merely because the plaintiff lost an earlier appeal or because routine pre-trial directions were made;...

Source-derived case information.

Citation
[2020] HKDC 397
Parties
Plaintiff: CHU CHOI KAM (朱賽金); Defendant: PIZZAEXPRESS (HONG KONG) LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 June 2020
Case Number
DCPI2731/2018
Procedural Posture
Personal Injury / Recusal Application (pre Trial Directions)
Outcome
Recusal application dismissed
Legal Topics
Recusal, Apparent Bias, Actual Bias, Reasonable Apprehension of Bias, Pre Trial Directions, Costs Order
Source Language
ch
Civil Procedure Judicial Recusal Judicial Bias Costs Recusal Apparent Bias Actual Bias Reasonable Apprehension of Bias +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

CHU CHOI KAM (朱賽金)

Plaintiff

PIZZAEXPRESS (HONG KONG) LIMITED

Defendant

Procedural Posture

Personal Injury / Recusal Application (pre Trial Directions)

  1. 1 Whether the judge should recuse for actual bias
  2. 2 Whether there is a reasonable apprehension of bias (apparent bias)
  3. 3 Whether vague or unsubstantiated allegations suffice for recusal

Ratio Decidendi

The judge declined to recuse because the plaintiff's allegations lacked factual foundation and did not establish actual bias; a reasonable, informed observer would not apprehend that the judge was biased merely because the plaintiff lost an earlier appeal or because routine pre-trial directions were made; accordingly the recusal application was dismissed and costs were ordered against the plaintiff.

Court Disposition

Recusal application dismissed

Orders

  • Plaintiff's application for the judge to recuse is refused
  • Plaintiff to pay the defendant's costs of the recusal application; provisional costs order to become final unless varied by summons within 14 days