China Citic Bank International Ltd v. Durrant Simon Patrick Michael

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

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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