CHONG CHI KI PIERRE v. GLORY SKY PRECIOUS METALS LTD AND ANOTHER

CHONG CHI KI PIERRE v. GLORY SKY PRECIOUS METALS LTD AND ANOTHER

Leave to appeal was dismissed because the proposed grounds lacked a reasonable prospect of success or would not serve any meaningful purpose; setting aside the Non‑Party Discovery Order would not alter that the relevant document had been provided and remained in the proceedings; the 1st Defendant's rehearing application and related costs were properly ordered against it due to its solicitor's failure to attend, and it was appropriate and proportionate to make a costs nisi in favour of the plaintiff with summary assessment procedures prescribed.

Citation
[2023] HKDC 450
Parties
Plaintiff: Plaintiff; 1st Defendant: 1st Defendant; Non‑party/respondent to Discovery Summons: Commissioner of Police; 2nd Defendant: 2nd Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
6 April 2023
Case Number
DCCJ1530/2019
Procedural Posture
Civil Appeal / Leave to Appeal Against Interlocutory Orders / Decision on Leave Summons (application for Leave to Appeal Dismissed)
Outcome
1st Defendant's application for leave to appeal dismissed; costs ordered against 1st Defendant on specified terms; costs nisi made in favour of plaintiff for Leave Summons with summary assessment procedure.
Legal Topics
Non‑party Discovery, Leave to Appeal, Rehearing of Interlocutory Order, Perfection of Orders, Summary Assessment of Costs
Source Language
EN
Civil Procedure Costs Discovery Appeal Non‑party Discovery Leave to Appeal Rehearing of Interlocutory Order Perfection of Orders +1 more

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Parties

Plaintiff

Plaintiff

1st Defendant

1st Defendant

Commissioner of Police

Non‑party/respondent to Discovery Summons

2nd Defendant

2nd Defendant

Procedural Posture

Civil Appeal / Leave to Appeal Against Interlocutory Orders / Decision on Leave Summons (application for Leave to Appeal Dismissed)

Legal Issues

  1. 1 Whether leave to appeal should be granted under s63A(2) District Court Ordinance
  2. 2 Whether the Non‑Party Discovery Order should be set aside on the basis that produced documents were not employment records
  3. 3 Whether costs of the Non‑Party Discovery Summons, the appeal and the Rehearing Summons should be awarded to the 1st Defendant

Ratio Decidendi

Leave to appeal was dismissed because the proposed grounds lacked a reasonable prospect of success or would not serve any meaningful purpose; setting aside the Non‑Party Discovery Order would not alter that the relevant document had been provided and remained in the proceedings; the 1st Defendant's rehearing application and related costs were properly ordered against it due to its solicitor's failure to attend, and it was appropriate and proportionate to make a costs nisi in favour of the plaintiff with summary assessment procedures prescribed.

Court Disposition

1st Defendant's application for leave to appeal dismissed; costs ordered against 1st Defendant on specified terms; costs nisi made in favour of plaintiff for Leave Summons with summary assessment procedure.

Orders

  • Leave to appeal dismissed
  • Costs nisi: 1st Defendant to pay plaintiff's costs of the Leave Summons; order to become absolute in 14 days in absence of timely application to vary