Messrs BRUNO ARBOIT AND IAN ROBINSON, The Joint and Several Liquidators of CHUNG YING REMINBI EXCHANGE CO LTD v. HU YAN AND ANOTHER

Messrs BRUNO ARBOIT AND IAN ROBINSON, The Joint and Several Liquidators of CHUNG YING REMINBI EXCHANGE CO LTD v. HU YAN AND ANOTHER

The Court held that leave under section 14AA was required for the Plaintiffs' cross-appeal, the delay was inexcusable and the Plaintiffs failed to demonstrate a real prospect of success; a master of the Court of First Instance could not validly alter the identity of parties in an ongoing Court of Appeal matter, therefore the 26 July 2018 amendment had no effect for this appeal; accordingly leave out of time was refused, the summons dismissed and the cross-appeal struck out.

Citation
[2018] HKCA 507
Parties
Plaintiffs: Bruno Arboit and Ian Robinson, The Joint and Several Liquidators of Chung Ying Reminbi Exchange Company Limited; 1st Defendant: Hu Yan (胡彥); 2nd Defendant: Wu Leung (胡亮)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
15 August 2018
Case Number
CACV262/2017
Procedural Posture
Civil Appeal / Court of Appeal Determination on Leave to Cross Appeal and Related Procedural Applications Following Summary Judgment Proceedings
Outcome
Summons for leave to appeal out of time dismissed; leave to cross-appeal refused; cross-appeal struck out; the Liquidators remain as Plaintiffs for the purposes of the appeal; no order as to costs for the cross-appeal and the summons of 3 August 2018.
Legal Topics
Summary Judgment, Leave to Appeal, Cross Appeal, Amendment of Parties, Power of Master/registrar, Misappropriation
Source Language
EN
Company Law Insolvency Civil Procedure Appellate Practice Summary Judgment Leave to Appeal Cross Appeal Amendment of Parties +2 more

Case Brief

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 13 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Bruno Arboit and Ian Robinson, The Joint and Several Liquidators of Chung Ying Reminbi Exchange Company Limited

Plaintiffs

Hu Yan (胡彥)

1st Defendant

Wu Leung (胡亮)

2nd Defendant

Procedural Posture

Civil Appeal / Court of Appeal Determination on Leave to Cross Appeal and Related Procedural Applications Following Summary Judgment Proceedings

Legal Issues

  1. 1 Whether leave under section 14AA was required for the Plaintiffs to bring a cross-appeal and whether leave out of time should be granted
  2. 2 Whether a master of the Court of First Instance could amend the title of an appeal or change the identity of parties in the Court of Appeal proceedings
  3. 3 Whether the Plaintiffs demonstrated a real prospect of success to justify late leave to cross-appeal against the grant of unconditional leave to defend at summary judgment

Ratio Decidendi

The Court held that leave under section 14AA was required for the Plaintiffs' cross-appeal, the delay was inexcusable and the Plaintiffs failed to demonstrate a real prospect of success; a master of the Court of First Instance could not validly alter the identity of parties in an ongoing Court of Appeal matter, therefore the 26 July 2018 amendment had no effect for this appeal; accordingly leave out of time was refused, the summons dismissed and the cross-appeal struck out.

Court Disposition

Summons for leave to appeal out of time dismissed; leave to cross-appeal refused; cross-appeal struck out; the Liquidators remain as Plaintiffs for the purposes of the appeal; no order as to costs for the cross-appeal and the summons of 3 August 2018.

Orders

  • Summons dated 3 August 2018 seeking leave to appeal out of time dismissed
  • Leave to cross-appeal refused