ACROPOLIS LTD v. THE HONGKONG & SHANGHAI BANKING CORPORATION LTD AND ANOTHER

ACROPOLIS LTD v. THE HONGKONG & SHANGHAI BANKING CORPORATION LTD AND ANOTHER

The plaintiff's procedural manoeuvre was inexcusable and constituted an abuse of process; the impugned directions and costs order were case management decisions within the discretion of Madam Justice Lisa Wong and should not be varied, so the application to vary the order is refused.

Citation
[2018] HKCFI 2759
Parties
Plaintiff: Plaintiff; 1st Defendant: The Hongkong and Shanghai Banking Corporation Limited; 2nd Defendant: Bank of China (Hong Kong) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 December 2018
Case Number
HCMP1031/2018
Procedural Posture
Interlocutory Application for Disclosure/variation of Order / Chambers Summons / Interlocutory Decision
Outcome
Application to vary the order refused
Legal Topics
Disclosure Orders, Abuse of Process, Case Management, Variation of Interlocutory Orders, Urgent Interlocutory Applications
Source Language
EN
Company Law Civil Procedure Disclosure Disclosure Orders Abuse of Process Case Management Variation of Interlocutory Orders Urgent Interlocutory Applications

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Parties

Plaintiff

Plaintiff

The Hongkong and Shanghai Banking Corporation Limited

1st Defendant

Bank of China (Hong Kong) Limited

2nd Defendant

Procedural Posture

Interlocutory Application for Disclosure/variation of Order / Chambers Summons / Interlocutory Decision

Legal Issues

  1. 1 Whether the plaintiff's procedural steps amounted to an abuse of process
  2. 2 Whether the court should vary or set aside the disclosure and costs directions made by Madam Justice Lisa Wong
  3. 3 Whether a case management decision of a judge can be interfered with in these proceedings

Ratio Decidendi

The plaintiff's procedural manoeuvre was inexcusable and constituted an abuse of process; the impugned directions and costs order were case management decisions within the discretion of Madam Justice Lisa Wong and should not be varied, so the application to vary the order is refused.

Court Disposition

Application to vary the order refused

Orders

  • Application to vary the Order made by Madam Justice Lisa Wong refused
  • No variation of the directions or costs order was granted