China Citic Bank International Ltd v. Durrant Simon Patrick Michael
Read the full judgment text of CACV 127/2014 on BabelCite. This Court of Appeal judgment was delivered on 14 March 2018 before Cheung JA, Kwan JA, Harris J.
Civil procedure – leave to appeal to Court of Final Appeal – taxation of costs – unless order by taxing master – debarring defendant from filing objections to bills for taxation – defendant issuing three summonses in response – summonses dismissed by Court of Appeal – whether proposed appeal raises question of great general or public importance – whether contentions reasonably arguable – whether exceptional circumstances justify exercise of discretion under 'or otherwise' limb – application for leave to appeal dismissed – no question meeting the s.22(1)(b) Hong Kong Court of Final Appeal Ordinance threshold – contentions not reasonably arguable – costs order nisi with summary assessment – defendant to pay costs on a gross sum basis at HK$14,600 – costs order nisi to become absolute in 14 days if no application for variation
Legal issues: Leave to appeal to Court of Final Appeal
Outcome: Application for leave to appeal to the Court of Final Appeal dismissed.
Cited by 12 cases
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CACV 127/2014 [2018] HKCA 142 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL CIVIL APPEAL NO. 127 OF 2014 (ON APPEAL FROM HCMP NO. 3196 OF 2013) ________________________
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________________________ J U D G M E N T ________________________ Hon Kwan JA (giving the judgment of the court): 1.On 24 November 2017, we handed down our judgment dismissing the three summonses issued by the defendant in August 2017 apparently in response to an unless order made by a taxing master requiring him to serve a list of objections within a specified time, failing which he would be debarred from filing objections to the bills for taxation. 2.On 21 December 2017, the defendant issued a notice of motion for leave to appeal to the Court of Final Appeal against our judgment. 3.Leave to appeal to the Court of Final Appeal is discretionary. The applicant must satisfy the provisions of section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484 in that the question involved in the appeal is one which, by reason of its great general or public importance, or otherwise, ought to be submitted to the Court of Final Appeal for decision. 4.We are unable to discern any question involved in the proposed appeal that would meet the above criterion. Besides, we do not consider the contentions of the defendant, which have been made before, reasonably arguable. 5.Nor are there any exceptional circumstances for the court to exercise its discretion to grant leave under the “or otherwise” limb. 6.We therefore dismiss the application for leave to appeal. 7.We make this costs order nisi with a summary assessment. We order the defendant to pay the plaintiff the costs of this application. We assess the costs payable to the plaintiff on a gross sum basis at $14,600. The costs order nisi will become absolute if no application for variation is made within 14 days of the handing down of this judgment.
Written submissions by V Hau & Chow, solicitors for the Plaintiff (Respondent) Written submissions by the Defendant (Appellant), acting in person | |||||||||||||||||||||
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Further hearings and rulings under CACV 127/2014