Yung Mei Chun, Jessie v. Merrill Lynch (Asia Pacific) Ltd

HCMP 1648/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 1648 OF 2015

(ON AN INTENDED APPEAL FROM DCCJ NO. 3068 OF 2013)

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JUDGMENT
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Hon Lam VP (giving the Judgment of the Court):

1.On 25 August 2015, this court (Lam VP and Yuen JA) refused to grant leave to the Plaintiff to appeal against the decision of His Honour Judge A Li on 11 February 2015.

2.On 21 September 2015, the Plaintiff filed a Notice of Motion seeking leave to appeal against our refusal of leave in the Court of Final Appeal.

3.We have considered the submissions of the parties on the motion.

4.By reason of Section 63B of the District Court Ordinance, no appeal shall lie from our decision as to whether or not leave to appeal should be granted.  Though solicitors for the Defendant cited a similar provision in the High Court Ordinance, the effect is the same.

5.We do not accept the submission of the Plaintiff that such a provision is not applicable where “there are faults in the judgment and fundamentally erred in law”.

6.Nor do we accept that the Plaintiff has put forward any reasonably arguable case on any fundamental errors.

7.We dismiss the Notice of Motion of 21 September 2015.  We also order the Plaintiff to pay the costs of the Defendant in respect of the motion, which we shall fix at $6,000 having regard to the work undertaken by the solicitors for the Defendant.

Written submission by the plaintiff acting in person.

Written submission by Deacons, for the defendant.