ALL CHINA EXPRESS LTD v. KWOK CHEUK KIN AND OTHERS

ALL CHINA EXPRESS LTD v. KWOK CHEUK KIN AND OTHERS

The applicant failed to comply with Order 59 rule 2A and did not identify any arguable error in the judge's finding that there were serious issues to be tried; the contested legal question on particular, substantial and direct damage is unsuitable for resolution at the leave stage; accordingly leave is refused and...

Source-derived case information.

Citation
ALL CHINA EXPRESS LTD v. KWOK CHEUK KIN AND OTHERS
Parties
1st Defendant: KWOK CHEUK KIN; 2nd Defendant: WONG HO MING; 3rd Defendant: 3rd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 January 2015
Case Number
HCMP3292/2014
Procedural Posture
Leave to Appeal Against Interlocutory Injunction / Leave Application (summons)
Outcome
Application dismissed; leave to appeal refused; order made under Order 59 rule 2A(8) precluding parties from requesting reconsideration at an oral inter partes hearing.
Legal Topics
Interlocutory Injunction, Leave to Appeal, Particular Substantial and Direct Damage, Order 59 Rule 2 a
Source Language
en
Public Nuisance Civil Procedure Injunctions Appeals Interlocutory Injunction Leave to Appeal Particular Substantial and Direct Damage Order 59 Rule 2 a

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Parties

KWOK CHEUK KIN

1st Defendant

WONG HO MING

2nd Defendant

3rd Defendant

3rd Defendant

Procedural Posture

Leave to Appeal Against Interlocutory Injunction / Leave Application (summons)

Legal Issues

  1. 1 Whether leave to appeal should be granted
  2. 2 Whether the judge erred in finding a serious issue to be tried
  3. 3 Whether the question of what constitutes particular substantial and direct damage in public nuisance is appropriate at the leave stage

Ratio Decidendi

The applicant failed to comply with Order 59 rule 2A and did not identify any arguable error in the judge's finding that there were serious issues to be tried; the contested legal question on particular, substantial and direct damage is unsuitable for resolution at the leave stage; accordingly leave is refused and the application is dismissed as totally without merit with an order under Order 59 r.2A(8).

Court Disposition

Application dismissed; leave to appeal refused; order made under Order 59 rule 2A(8) precluding parties from requesting reconsideration at an oral inter partes hearing.

Orders

  • Application for leave dismissed
  • Leave to appeal refused