Tso Man Kuen Jasmine v. Poon Chuk Hung
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DCCJ 1379/2023 [2024] HKDC 2148 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CIVIL ACTION NO 1379 OF 2023 ---------------------------------
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------------------------- DECISION ------------------------- Introduction 1.On 7 June 2024, Master Y H Chan dismissed the Plaintiff’s applications for summary judgment, interim payment and consequential reliefs. 2.By the Decision dated 2 September 2024 (see [2024] HKDC 1467), I dismissed the Plaintiff’s appeal against Master Y H Chan’s decision with costs. 3.In my view, the Plaintiff’s applications for summary judgment and interim payment are liable to be dismissed. For the reasons elaborated in my Decision, I am of the view that:-
4.On 15 October 2024, the Plaintiff took out a summons (the “Summons”). She asks that:-
5.At the present hearing, the Plaintiff acts in person, whereas Mr Bernie Yim represents the Defendant. Leave to Appeal Out of Time 6.Pursuant to order 58, rule 2(4)(c) of the Rules of District Court (Cap 336H), an application for leave to appeal against a judge’s interlocutory judgment, order or decision shall be made within 14 days. 7.There is no question that the Plaintiff’s application for leave to appeal was made out of time. Whilst my Decision was made on 2 September 2024, the Plaintiff did not take out the Summons until 15 October 2024. 8.As Lam VP (as Lam PJ then was) pointed out in The Hongkong and Shanghai Banking Corporation Ltd v Sy Shu Wu & Ors [2018] HKCA 736 at paras 8-10:
9.The learned authors of Hong Kong Civil Procedure (2024) at para 59/4/9 (at p 1269) also pointed out that:
10.In the present case, the delay on the part of the Plaintiff was about 1 month. The delay was not serious, and there is no evidence showing that the Defendant has suffered or will suffer prejudice. However, the Plaintiff is unable to provide any valid explanation for the delay. 11.In my view, it is important for litigants to respect and abide by the procedural rules of the Court, and the fact that the Defendant is not legally represented does not ipso facto constitute an excuse for non-compliant. 12.In any event, the Plaintiff’s proposed appeal has no merit, and is unarguable. 13.In this connection:-
14.I have studied the Plaintiff’s written submissions dated 14 October 2024[1]. Whilst it is not easy to follow the Plaintiff’s contentions, it appears that the Plaintiff accuses the Defendant of, inter alios, failing to make adequate disclosure, destroying evidence, deleting files and/or messages and concealing evidence. The Plaintiff also makes suggestions that the Defendant’s solicitors were involved in some conspiracy, that they misunderstood certain aspects of the case and that they were slow in drafting up the orders made by the Court. 15.Some of these accusations are hardly relevant. Be that as it may, as explained in paragraph 10(3) of the Decision, at this stage the Court is plainly not in a position to make findings on the Plaintiff’s allegations that files and/or messages were deleted. The Court may only make findings in relation to these forensic allegations with experts’ assistance. This is a matter for trial. 16.More fundamentally, the Plaintiff has not identified any error in the analysis and reasoning set out in the Decision. She cannot explain why my exercise of discretion was plainly wrong and why my conclusion was untenable. 17.I am of the view that the Plaintiff’s intended appeal is wholly unarguable. I cannot see any reason in the interests of justice that the intended appeal should be heard. Thus, it would be futile to grant leave to appeal to the Plaintiff. 18.For the above reasons, I refuse to grant leave to the Plaintiff to appeal against the Decision. “Cancelling” the Costs Order under the Decision 19.As pointed out in paragraphs 18 to 20 of the Decision, the Plaintiff, being the unsuccessful party, should bear the Defendant’s costs in respect of the appeal against Master Chan’s order, and I failed to see any valid reason why the Court should depart from the general rule that costs should follow the event. The Plaintiff fails to identify any error on my part in regard to the question of costs. 20.In any event, since I dismiss the Plaintiff’s application for leave to appeal, there is plainly no basis to disturb the costs order under the Decision. Referring the present Case to the Police 21.I am unable to see the procedural basis for the Plaintiff to seek an order that the present case be referred to the Police for criminal investigation. 22.In any event, the Plaintiff is at liberty to seek the Police’s assistance if she genuinely takes the view that a crime was committed. In this connection, at the present hearing, the Plaintiff said that she had already reported the matter to the Police. As such, I am unable to see why the Court should be involved. Conclusion and Disposition 23.I dismiss the Plaintiff’s Summons dated 15 October 2024. 24.I am not prepared to award costs in favour of the Defendant, save and except the costs for attending the present hearing. The Defendant’s legal representatives only belatedly lodged proposed directions seeking adjournment one workday before the present hearing. In my view, they should have (i) appreciated that this is the occasion for substantive disposition of the Plaintiff’s Summons; and (ii) lodged submissions to assist the Court. 25.In light of the aforesaid consideration, I order the Plaintiff to pay the Defendant’s costs in respect of the Summons dated 15 October 2024, summarily assessed at HK$1,700.
The Plaintiff appeared in person Mr Bernie Yim, of David Fenn & Co, for the Defendant [1] This document is titled “Application for Leave to Appeal for DCCJ 1379/2023 regarding the Costs order by Court Judge Alan Kwong dated 2 Sep 2024 to be conducted in the High Court”. | ||||||||||||||||||||
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Further hearings and rulings under DCCJ 1379/2023