NG YIN NEI v. LEE CHICK CHOI

NG YIN NEI v. LEE CHICK CHOI

The appeals were dismissed because (1) Order 32 r.17(2) precludes appeal from a master's decision reserving the strike out application and there was no evidence of bias or unfairness by the Master, and (2) the costs order was either already dealt with by the judge or the Defendant failed to show the master's costs discretion was unreasonable or tainted by legal error; accordingly costs follow the event and are to be summarily assessed.

Citation
NG YIN NEI v. LEE CHICK CHOI
Parties
Plaintiff: NG YIN NEI; Defendant: LEE CHICK CHOI
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 July 2010
Case Number
DCCJ563/2010
Procedural Posture
Civil District Court / Judgment on Appeals (in Chambers)
Outcome
Both appeals by the Defendant dismissed
Legal Topics
Summary Judgment, Strike Out Application, Master's Costs Order, Bias/alleged Bias, Transfer of Matters to Judge
Source Language
EN
Civil Procedure Costs Appeal Judicial Administration Summary Judgment Strike Out Application Master's Costs Order Bias/alleged Bias +1 more

Case Brief

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Parties

NG YIN NEI

Plaintiff

LEE CHICK CHOI

Defendant

Procedural Posture

Civil District Court / Judgment on Appeals (in Chambers)

Legal Issues

  1. 1 Whether the Master erred in reserving the strike out application and whether that decision is appealable
  2. 2 Whether the Master displayed bias or unfairness
  3. 3 Whether the Master's costs order was unreasonable or involved an error of law such that an appeal should be allowed

Ratio Decidendi

The appeals were dismissed because (1) Order 32 r.17(2) precludes appeal from a master's decision reserving the strike out application and there was no evidence of bias or unfairness by the Master, and (2) the costs order was either already dealt with by the judge or the Defendant failed to show the master's costs discretion was unreasonable or tainted by legal error; accordingly costs follow the event and are to be summarily assessed.

Court Disposition

Both appeals by the Defendant dismissed

Orders

  • First appeal dismissed
  • Second appeal dismissed as misconceived