HK DONGXIANG INTERNATIONAL TRADE LTD 對 TAI KAM FAT 及另二人

HK DONGXIANG INTERNATIONAL TRADE LTD 對 TAI KAM FAT 及另二人

Leave to appeal was refused because the applicant failed to demonstrate any reasonable prospect of success or other compelling reason under s63A(2); the court had considered and rejected the applicant's reasons and the applicant did not identify any error in the decision.

Source-derived case information.

Citation
[2024] HKDC 2104
Parties
Plaintiff: HK DONGXIANG INTERNATIONAL TRADE LIMITED; First Defendant: TAI KAM FAT; Second Defendant: WONG TIN SUNG; Third Defendant: CHEUNG KA WANG PAUL
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 December 2024
Case Number
DCCJ1239/2020
Procedural Posture
Civil (application for Leave to Appeal) / Application for Leave to Appeal Against District Court Judgment Dismissed
Outcome
Application for leave to appeal dismissed
Legal Topics
Leave to Appeal, Striking Out for Failure to File Pleadings, Force Majeure, Costs
Source Language
ch
Civil Procedure Appeal Leave to Appeal Striking Out for Failure to File Pleadings Force Majeure Costs

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

Parties

HK DONGXIANG INTERNATIONAL TRADE LIMITED

Plaintiff

TAI KAM FAT

First Defendant

WONG TIN SUNG

Second Defendant

CHEUNG KA WANG PAUL

Third Defendant

Procedural Posture

Civil (application for Leave to Appeal) / Application for Leave to Appeal Against District Court Judgment Dismissed

  1. 1 Whether leave to appeal should be granted under District Court Ordinance s63A(2)
  2. 2 Whether the applicant's reasons (COVID-19, illness, force majeure) justify permitting an appeal hearing
  3. 3 Whether the striking out for failure to file a statement of claim was erroneous

Ratio Decidendi

Leave to appeal was refused because the applicant failed to demonstrate any reasonable prospect of success or other compelling reason under s63A(2); the court had considered and rejected the applicant's reasons and the applicant did not identify any error in the decision.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Application for leave to appeal is dismissed
  • Plaintiff to pay first defendant costs assessed summarily at HK$500