林張豐 對 黃亞新

林張豐 對 黃亞新

The proposed appeal was refused because the defendant's grounds failed to identify any legal error in the judge's application of Mediation Ordinance s8, were largely irrelevant or frivolous, and therefore disclosed no real prospect of success; consequently leave to appeal was properly denied and costs awarded to the...

Source-derived case information.

Citation
[2023] HKCA 1104
Parties
Plaintiff: LAM CHEUNG FONG (林張豐); Defendant: WONG A-SAN (黃亞新)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
27 September 2023
Case Number
CAMP31/2023
Procedural Posture
Civil Appeal Against Interlocutory Order / Application for Leave to Appeal (permission Stage)
Outcome
Leave to appeal refused; interim costs order made in favour of plaintiff
Legal Topics
Mediation Confidentiality, Leave to Appeal, Costs, Judicial Case Management
Source Language
ch
Civil Procedure Alternative Dispute Resolution Evidence Mediation Confidentiality Leave to Appeal Costs Judicial Case Management

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 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

LAM CHEUNG FONG (林張豐)

Plaintiff

WONG A-SAN (黃亞新)

Defendant

Procedural Posture

Civil Appeal Against Interlocutory Order / Application for Leave to Appeal (permission Stage)

  1. 1 Whether parts of defendant's affidavits filed in the court disclosed mediation communications protected by section 8 of the Mediation Ordinance (Cap.620)
  2. 2 Whether the defendant has an arguable case such that leave to appeal a non-final order should be granted under section 14AA(1) High Court Ordinance (Cap.4)
  3. 3 Whether costs should be ordered and in what amount

Ratio Decidendi

The proposed appeal was refused because the defendant's grounds failed to identify any legal error in the judge's application of Mediation Ordinance s8, were largely irrelevant or frivolous, and therefore disclosed no real prospect of success; consequently leave to appeal was properly denied and costs awarded to the plaintiff.

Court Disposition

Leave to appeal refused; interim costs order made in favour of plaintiff

Orders

  • Leave to appeal refused
  • Defendant ordered to pay plaintiff costs of HKD 44,000 assessed summarily