Read the full judgment text of HCCT 20/2018 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 21 June 2021 before Hon Mimmie Chan J.
Construction and arbitration proceedings — Application to admit new expert evidence refused due to delay, prejudice to Defendant, and independence concerns — Plaintiff’s subsequent application for leave to appeal case management decision dismissed — Application for stay of trial also refused — Principles from Xiamen Xinjingdi v Eaton Properties and Li Xiao Yun v China Gas Holdings applied — Leave to appeal against case management decisions requires showing clear error causing injustice or inability for trial court to carry out its task — Plaintiff’s proposed appeal lacked reasonable prospects of success — Costs ordered against Plaintiff for leave to appeal application to discourage unmeritorious last-minute appeals and satellite litigation.
Legal issues: Leave to appeal against case management decision · Application for stay pending appeal · Costs for leave to appeal application
Outcome: Leave to appeal refused; stay of trial refused; Plaintiff ordered to pay costs of application for leave to appeal.
Cited by 1 case · Cites 5 cases