東盈投資有限公司 對 陳寶榮

東盈投資有限公司 對 陳寶榮

Leave to appeal was refused and the out‑of‑time application dismissed because the applicant filed the re‑application grossly late without any explanation, failed to demonstrate a real prospect of success (application was abusive and barred by issue estoppel and the original judge lawfully applied the Ladd v Marshall...

Source-derived case information.

Citation
[2023] HKCA 642
Parties
Plaintiff: GAIN EAST INVESTMENTS LIMITED (東盈投資有限公司); Defendant: CHAN PO WING (陳寶榮)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
9 May 2023
Case Number
CAMP106/2023
Procedural Posture
Civil Appeal Leave to Appeal Application / Permission (leave) to Appeal Application / Extension of Time Application
Outcome
Application for leave to appeal refused; extension of time refused; costs awarded to respondent.
Legal Topics
Leave to Appeal, Extension of Time, Disclosure Applications, Abuse of Process, Issue Estoppel, Judicial Discretion, Costs Assessment
Source Language
ch
Civil Procedure Appeal Disclosure Costs Property/mortgage Law Leave to Appeal Extension of Time Disclosure Applications +4 more

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Parties

GAIN EAST INVESTMENTS LIMITED (東盈投資有限公司)

Plaintiff

CHAN PO WING (陳寶榮)

Defendant

Procedural Posture

Civil Appeal Leave to Appeal Application / Permission (leave) to Appeal Application / Extension of Time Application

  1. 1 Whether the Court of Appeal should grant an out‑of‑time application for leave to appeal
  2. 2 Whether the underlying disclosure application was an abuse of process and barred by issue estoppel
  3. 3 Whether the original judge misapplied legal principles (including Ladd v Marshall) in refusing disclosure and thus whether appellate intervention is justified

Ratio Decidendi

Leave to appeal was refused and the out‑of‑time application dismissed because the applicant filed the re‑application grossly late without any explanation, failed to demonstrate a real prospect of success (application was abusive and barred by issue estoppel and the original judge lawfully applied the Ladd v Marshall test), and the Court would not overturn a discretionary refusal absent error of principle; costs were awarded to the respondent in the assessed sum of HKD 37,668 and a prohibition was made on re‑seeking reconsideration under the Rules.

Court Disposition

Application for leave to appeal refused; extension of time refused; costs awarded to respondent.

Orders

  • Leave to appeal refused.
  • Application for extension of time to apply for leave refused.