WINGAMES INVESTMENTS LTD AND OTHERS v. MASCOT LAND LTD AND OTHERS

WINGAMES INVESTMENTS LTD AND OTHERS v. MASCOT LAND LTD AND OTHERS

The Court dismissed the summons for leave to appeal because the plaintiffs failed to show a reasonable prospect of success or any other interest of justice to hear the appeal; the Deputy Judge acted within his discretion in requiring an inter partes summons, refusing to admit the late evidence, and in exercising his discretion on security for costs; therefore leave to appeal was refused and costs ordered against the plaintiffs.

Citation
WINGAMES INVESTMENTS LTD AND OTHERS v. MASCOT LAND LTD AND OTHERS
Parties
1st Plaintiff: WINGAMES INVESTMENTS LIMITED; 2nd Plaintiff: CHINA HEALTHCARE HOLDINGS LIMITED; 3rd Plaintiff: CHC INVESTMENT HOLDINGS LIMITED; 1st Defendant: MASCOT LAND LIMITED; 2nd Defendant: CHINA ZHONGFU INDUSTRY CO. LIMITED; 3rd Defendant: SHANGHAI ZHONGFU INTERNATIONAL TRADING CO. LIMITED; 4th Defendant: ANHUI ANHE INVESTMENT CONSULTING CO. LIMITED; 5th Defendant: WANG JISHENG; 6th Defendant: GE QIANSONG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 October 2012
Case Number
HCMP1968/2012
Procedural Posture
Court of Appeal Leave to Appeal Against Order for Security for Costs / Decision on Summons for Leave to Appeal
Outcome
Summons for leave to appeal dismissed; direction that no reconsideration at oral hearing; order nisi for costs in favour of defendants
Legal Topics
Security for Costs, Leave to Appeal, Admission of Evidence, Exercise of Judicial Discretion, Extension of Time
Source Language
EN
Civil Procedure Appeals Costs Security for Costs Leave to Appeal Admission of Evidence Exercise of Judicial Discretion Extension of Time

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Parties

WINGAMES INVESTMENTS LIMITED

1st Plaintiff

CHINA HEALTHCARE HOLDINGS LIMITED

2nd Plaintiff

CHC INVESTMENT HOLDINGS LIMITED

3rd Plaintiff

MASCOT LAND LIMITED

1st Defendant

CHINA ZHONGFU INDUSTRY CO. LIMITED

2nd Defendant

SHANGHAI ZHONGFU INTERNATIONAL TRADING CO. LIMITED

3rd Defendant

ANHUI ANHE INVESTMENT CONSULTING CO. LIMITED

4th Defendant

WANG JISHENG

5th Defendant

GE QIANSONG

6th Defendant

Procedural Posture

Court of Appeal Leave to Appeal Against Order for Security for Costs / Decision on Summons for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted against Deputy Judge's order for security for costs
  2. 2 Whether the Deputy Judge erred in refusing to admit additional evidence
  3. 3 Whether the Deputy Judge misapplied the rules requiring inter partes application for leave to appeal

Ratio Decidendi

The Court dismissed the summons for leave to appeal because the plaintiffs failed to show a reasonable prospect of success or any other interest of justice to hear the appeal; the Deputy Judge acted within his discretion in requiring an inter partes summons, refusing to admit the late evidence, and in exercising his discretion on security for costs; therefore leave to appeal was refused and costs ordered against the plaintiffs.

Court Disposition

Summons for leave to appeal dismissed; direction that no reconsideration at oral hearing; order nisi for costs in favour of defendants

Orders

  • Summons for leave to appeal dismissed
  • Direction pursuant to O.59 r.2A(8) that no party may request determination to be reconsidered at an oral hearing inter partes