Tang Yau Kuen v. Tang Kin Hing

CACV 132/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 132 OF 2017

(ON APPEAL FROM HCMP NO 362 of 2010)

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BETWEEN

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Before :  Hon Lam VP, Cheung and Kwan JJA in Court

Date of Judgment:  4 December 2017

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JUDGMENT

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

1.This appeal was brought by the Plaintiff, Tang Sai Loi Desmond (who had been substituted as the Plaintiff by the order of 22 October 2012) against the judgment of Deputy High Court Judge Kwok SC on 19 May 2017.

2.Initially, the Plaintiff acted through a solicitor firm.  On 2 November 2017, he issued a Notice to Act in person.

3.On 2 November 2017, the Plaintiff wrote to the Registrar of Civil Appeals stating that he decided to withdraw the appeal.  A copy of the letter was given to the Defendant.

4.The Registrar of Civil Appeals gave directions on 7 November 2017 inviting representations from the Defendant, including representation on issue of costs.  The Registrar’s directions also provided that in the absence of contrary representation, the Plaintiff shall be deemed to have no objection to the disposal of the appeal on paper without any oral hearing.

5.Neither the Plaintiff nor the Defendant lodged any representations within the time limit set out in those directions.

6.Generally, it is not the practice of this Court to permit an appeal to be withdrawn.  If an appellant does not wish to prosecute an appeal, this Court will usually dismiss the appeal.  We see no reason to depart from this practice in the present case.

7.In the circumstances, in view of the indication by the Plaintiff that he would not pursue the appeal, we dismiss the appeal.  As we do not have any representation from the Defendant, we make no order as to costs. 

The plaintiff acting in person

The defendant acting in person