SKK (H.K.) CO LTD 及另一人 對 TSUI PO HING 及另一人

SKK (H.K.) CO LTD 及另一人 對 TSUI PO HING 及另一人

The Court dismissed the leave application because it was repetitive of an existing pending application and an abuse of process, the defendants failed to show any reasonable prospect of success or necessity for full transcripts (Order 59 r12(b) inapplicable as there was no oral witness evidence), and therefore leave...

Source-derived case information.

Citation
[2022] HKCA 1140
Parties
Plaintiff: SKK (H.K.) CO.LTD.; Plaintiff: SK KAKEN CO.LTD.; Defendant: TSUI PO HING; Defendant: tsui po cheung
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
11 August 2022
Case Number
CAMP100/2022
Procedural Posture
Application for Leave to Appeal (civil) / Court of Appeal Decision on Leave Application (interlocutory)
Outcome
Application dismissed; leave to appeal refused
Legal Topics
Leave to Appeal, Access to Hearing Transcripts/recordings, Abuse of Process, Case Management Orders, Charging Orders, Summary Assessment of Costs
Source Language
ch
Civil Procedure Court of Appeal High Court Rules Property Enforcement Costs Leave to Appeal Access to Hearing Transcripts/recordings Abuse of Process +3 more

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Parties

SKK (H.K.) CO.LTD.

Plaintiff

SK KAKEN CO.LTD.

Plaintiff

TSUI PO HING

Defendant

tsui po cheung

Defendant

Procedural Posture

Application for Leave to Appeal (civil) / Court of Appeal Decision on Leave Application (interlocutory)

  1. 1 Whether leave to appeal should be granted in respect of the judge's refusal to provide full hearing transcripts/recordings
  2. 2 Whether the application is repetitive and constitutes an abuse of process
  3. 3 Whether Order 59 rule 12(b) applies where hearings comprised written submissions with oral supplementation and no oral witness evidence

Ratio Decidendi

The Court dismissed the leave application because it was repetitive of an existing pending application and an abuse of process, the defendants failed to show any reasonable prospect of success or necessity for full transcripts (Order 59 r12(b) inapplicable as there was no oral witness evidence), and therefore leave to appeal was refused.

Court Disposition

Application dismissed; leave to appeal refused

Orders

  • Summons/application by the defendants is dismissed
  • Defendants ordered to pay plaintiffs' costs assessed summarily at HKD 33,050