WISE S. R. L. v. LUXMOOD DEVELOPMENT GROUP LTD

WISE S. R. L. v. LUXMOOD DEVELOPMENT GROUP LTD

The court found that summary judgments determining substantive rights fall within the exception in Order 59 r.21 so leave to appeal was not required and this court had no jurisdiction to grant leave; costs were awarded to the plaintiff to be summarily assessed rather than on an indemnity basis.

Source-derived case information.

Citation
[2021] HKCFI 809
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 March 2021
Case Number
HCA1945/2019
Procedural Posture
Appeal From Master's Summary Judgment Under Order 58 / Application for Leave to Appeal (written Submissions)
Outcome
Application for leave to appeal not required and this court has no jurisdiction to grant leave; costs awarded to plaintiff to be summarily assessed
Legal Topics
Summary Judgment, Leave to Appeal, Order 58, Order 59, Costs
Source Language
en
Civil Procedure Appeals Summary Judgment Leave to Appeal Order 58 Order 59 Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Appeal From Master's Summary Judgment Under Order 58 / Application for Leave to Appeal (written Submissions)

Legal Issues

  1. 1 Whether leave to appeal to the Court of Appeal was required for an order determining substantive rights by summary judgment
  2. 2 Whether this court had jurisdiction to grant leave to appeal against a master’s summary judgment under Order 58
  3. 3 Appropriate basis for costs (indemnity vs. ordinary costs)

Ratio Decidendi

The court found that summary judgments determining substantive rights fall within the exception in Order 59 r.21 so leave to appeal was not required and this court had no jurisdiction to grant leave; costs were awarded to the plaintiff to be summarily assessed rather than on an indemnity basis.

Court Disposition

Application for leave to appeal not required and this court has no jurisdiction to grant leave; costs awarded to plaintiff to be summarily assessed

Orders

  • Leave to appeal unnecessary; this court has no jurisdiction to grant leave in respect of the application
  • Costs awarded to the plaintiff, to be summarily assessed (not on an indemnity basis)