ZHENG YANQIU 對 NEW WORLD FIRST BUS SERVICES LTD

ZHENG YANQIU 對 NEW WORLD FIRST BUS SERVICES LTD

The application for leave to appeal was refused because the applicant failed to show a reasonable prospect of success or any other reason in the interests of justice to merit an oral hearing; the trial judge did not commit any principle error or abuse of discretion in cancelling the first subpoena or in assessing...

Source-derived case information.

Citation
[2023] HKCA 169
Parties
Appellant: ZHENG YANQIU; Respondent: NEW WORLD FIRST BUS SERVICES LIMITED
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
8 February 2023
Case Number
CAMP334/2022
Procedural Posture
Leave to Appeal / Application for Leave (refused)
Outcome
leave to appeal refused
Legal Topics
Leave to Appeal, Subpoena/document Production, Costs Assessment, Abuse of Process, Relist/adjournment Procedure
Source Language
ch
Civil Procedure Administration of Justice Costs Evidence Case Management Appeals Leave to Appeal Subpoena/document Production +3 more

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Parties

ZHENG YANQIU

Appellant

NEW WORLD FIRST BUS SERVICES LIMITED

Respondent

Procedural Posture

Leave to Appeal / Application for Leave (refused)

  1. 1 Whether the applicant demonstrated a reasonable prospect of success to obtain leave to appeal
  2. 2 Whether the original judge erred in cancelling the first subpoena and in awarding costs
  3. 3 Whether the applicant abused court process by issuing a second subpoena and appealing instead of relisting under the rules

Ratio Decidendi

The application for leave to appeal was refused because the applicant failed to show a reasonable prospect of success or any other reason in the interests of justice to merit an oral hearing; the trial judge did not commit any principle error or abuse of discretion in cancelling the first subpoena or in assessing costs, and the applicant should have applied to relist under the Rules rather than appeal, thus the appellate court will not interfere with the case management decision.

Court Disposition

leave to appeal refused

Orders

  • Leave to appeal refused
  • Applicant ordered to pay respondent's costs of this application assessed summarily at HKD 5000