惠陽市新墟合興製衣廠 v. ELBEX VIDEO (HONG KONG) LTD

惠陽市新墟合興製衣廠 v. ELBEX VIDEO (HONG KONG) LTD

The hearing before the master amounted to a trial under Order 36 r1, so an appeal lay to the Court of Appeal under Order 58 r2(a); the judge in chambers lacked jurisdiction to hear the appeal; leave to appeal out of time was refused for inordinate delay and lack of merit because the master was not plainly wrong in...

Source-derived case information.

Citation
惠陽市新墟合興製衣廠 v. ELBEX VIDEO (HONG KONG) LTD
Parties
Applicant/defendant: ELBEX VIDEO (HONG KONG) LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 November 2015
Case Number
HCMP2432/2015
Procedural Posture
Appeal / Leave to Appeal; Jurisdictional Challenge
Outcome
Application for leave to appeal refused; leave to appeal the master's order out of time refused; no order as to costs.
Legal Topics
Striking Out, Capacity to Sue, Appeal Jurisdiction, Expert Evidence on Foreign Law, Leave to Appeal Out of Time
Source Language
en
Civil Procedure Company Law Private International Law Striking Out Capacity to Sue Appeal Jurisdiction Expert Evidence on Foreign Law Leave to Appeal Out of Time

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

ELBEX VIDEO (HONG KONG) LIMITED

Applicant/defendant

Procedural Posture

Appeal / Leave to Appeal; Jurisdictional Challenge

Legal Issues

  1. 1 Whether the hearing before the master was a trial under Order 36 r1
  2. 2 Whether an appeal from the master's decision lies to the Court of Appeal under Order 58 r2(a)
  3. 3 Whether the master correctly determined the respondent's capacity to sue under PRC law based on expert evidence

Ratio Decidendi

The hearing before the master amounted to a trial under Order 36 r1, so an appeal lay to the Court of Appeal under Order 58 r2(a); the judge in chambers lacked jurisdiction to hear the appeal; leave to appeal out of time was refused for inordinate delay and lack of merit because the master was not plainly wrong in finding the respondent had capacity to sue under PRC law.

Court Disposition

Application for leave to appeal refused; leave to appeal the master's order out of time refused; no order as to costs.

Orders

  • Refuse leave to appeal against the Judge's order.
  • Refuse leave to appeal the master's order out of time.