朱賽金 對 PIZZAEXPRESS (HONG KONG) LTD

朱賽金 對 PIZZAEXPRESS (HONG KONG) LTD

The court found the hearing officers' case management orders and the adjournment were legally and procedurally sound, the plaintiff failed to demonstrate any legal error or any actual or apparent bias to justify recusal or a stay, the appeals and the December 15 summons were dismissed, and the plaintiff was ordered...

Source-derived case information.

Citation
[2022] HKDC 61
Parties
Plaintiff: Chu Choi Kam; Defendant: PizzaExpress (Hong Kong) Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
31 January 2022
Case Number
DCPI2731/2018
Procedural Posture
Personal Injury (costs Assessment and Related Interlocutory Appeals) / Post Trial Costs Assessment and Interlocutory Appeals
Outcome
Appeals (Sept 13 and Sept 29) dismissed; December 15 summons dismissed.
Legal Topics
Case Management Orders, Recusal/appearance of Bias, Adjournment/stay, Costs Assessment, Appeal From Hearing Officer
Source Language
ch
Civil Procedure Costs Law Judicial Recusal/impartiality Case Management Orders Recusal/appearance of Bias Adjournment/stay Costs Assessment Appeal From Hearing Officer

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Parties

Chu Choi Kam

Plaintiff

PizzaExpress (Hong Kong) Limited

Defendant

Procedural Posture

Personal Injury (costs Assessment and Related Interlocutory Appeals) / Post Trial Costs Assessment and Interlocutory Appeals

  1. 1 Whether the appellant established legal or procedural error in the hearing officer's case management order
  2. 2 Whether there was actual or apparent bias warranting recusal of the hearing officers
  3. 3 Whether an adjournment/stay of the costs assessment was justified

Ratio Decidendi

The court found the hearing officers' case management orders and the adjournment were legally and procedurally sound, the plaintiff failed to demonstrate any legal error or any actual or apparent bias to justify recusal or a stay, the appeals and the December 15 summons were dismissed, and the plaintiff was ordered to pay the defendant's costs with a specified timetable for filing a simple bill and any opposition; failure to file opposition within the time permitted will result in summary assessment of the simple bill.

Court Disposition

Appeals (Sept 13 and Sept 29) dismissed; December 15 summons dismissed.

Orders

  • Dismissed Appeal 1 (Sept 13, 2021) and Appeal 2 (Sept 29, 2021).
  • Dismissed the plaintiff's December 15, 2021 summons.