Read the full judgment text of CAMP 261/2023 on BabelCite. This Court of Appeal judgment was delivered on 30 May 2024 before Chu VP, Cheung JA.
Civil procedure – leave to appeal – application under Order 59, rule 2A(5)(a) of the Rules of the High Court (Cap. 4A) – costs-only joinder of non-party under Order 62, rule 6A – whether intended appeal has reasonable prospect of success under s.14AA(4) of the High Court Ordinance (Cap. 4) – Mr Zeng Wei, said to be the person responsible for bringing the underlying action and the sole owner of Angola Group Holdings Limited since October/November 2009, joined for costs only after Bai Jun Tian Cheng Limited obtained an anti-suit injunction – Mr Zeng domiciled in Shenzhen and served in Hong Kong at a friend's address – whether Hong Kong court had jurisdiction – whether participation in hearing amounted to submission to jurisdiction – whether new points not raised below may be raised on appeal – whether trial judge erred in conducting proceedings in English under section 5 of the Official Languages Ordinance (Cap. 5) and the High Court Civil Procedure (Use of Language) Rules (Cap. 5C) – whether court interpreter assistance and absence of formal translation request defeated the ground – whether financial capacity and non-directorship/non-shareholding are relevant at the first stage of an Order 62 rule 6A application – two-stage test in Sun Focus Investment Limited v Tang Shing Bor [2012] 5 HKLRD 853 – first stage limited to abuse of process or manifest and fundamental misconception – whether alleged delay by Bai Jun in notifying Mr Zeng of intention to seek costs from him constituted an abuse of process – prior judgments of Au-Yeung J [2018] HKCFI 2718 and Court of Appeal CACV 6/2019; [2020] HKCA 51 binding on Mr Zeng – no reasonable prospect of success on any of the five grounds of appeal – no other reason in the interests of justice – leave to appeal refused under Order 59, rule 2A(8), oral reconsideration under Order 59, rule 2A(7) prohibited – costs summarily assessed at HK$100,000 with downward adjustment for senior solicitors/counsel and certain reading/contact items.
Legal issues: Whether the Hong Kong court had jurisdiction over Mr Zeng for the costs-only joinder application · Whether the trial judge erred in conducting the proceedings in English and refusing a Chinese trial/translation · Whether Mr Zeng's financial capacity and non-directorship are relevant at the first stage of an Order 62 rule 6A application · Overlap of Ground 4 with Grounds 1 and 2 · Whether Bai Jun's failure to give early notice of its intention to seek costs against Mr Zeng constituted delay amounting to abuse of process
Outcome: Application for leave to appeal refused; Mr Zeng's summons dated 25 July 2023 dismissed; no oral reconsideration permitted; Mr Zeng ordered to pay costs of the 1st and 2nd plaintiffs in the counterclaim summarily assessed at HK$100,000.
Cited by 16 cases · Cites 8 cases