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

DCCJ 3068/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO 3068 OF 2013

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DECISION

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1.This is the plaintiff’s ex parte application to try to seek leave to appeal against an order I made on 3 November 2015.  The plaintiff failed to turn up for the hearing at the appointed time this morning.  The plaintiff had made a similar application fixed for hearing on 3 November 2015 to appeal against the order I made on 2 September 2015 in this case.  She also did not turn up at the hearing on that occasion.  That application was dismissed by me on 3 November 2015.

2.Since the Court of Appeal has spoken with its written decision delivered on 25 August 2015 on this matter, this court has no further role to play in this case.  The Court of Appeal has specifically mentioned in §5 of its Judgment that this case had come to an end:-

“……unless the Plaintiff can persuade this court to reverse the conclusion of the Judge on the validity of the service of the writ, the action must come to an end” [see §5 of the Judgment]

3.As such, I do not see any basis for this application or the previous application which were purportedly for the appeal against the decisions I made on 2 September 2015 and 3 November 2015 respectively, after the Court of Appeal had ruled on the matter.

4.I therefore dismissed the plaintiff’s summons dated 30 November 2015 this morning accordingly. 

5.Since the plaintiff had failed to turn up twice on a similar application with no credible explanation or with supporting documents like medical certificates to explain her absence, in my judgment, this clearly amounts to an abuse of process and wasting of the precious resources of the court.  I hereby make an order that the plaintiff would not be allowed to issue another summons in this case without the leave of the court and no further submission/application is allowed without the leave of the court.  Any submission/correspondence submitted without the leave of the court will be returned without reading.

The plaintiff was not represented and did not appear.