Leung Man Keung v. Ever Wealthy Resources Ltd

DCCJ003972A/2003

DCCJ3972/2003

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 3972 OF 2003

Coram: H H Judge Carlson in Chambers

Date of Ruling: 24 March 2004

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R U L I N G

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1.When faced with an application for leave to appeal, a judge at first instance must obviously approach the matter completely dispassionately and in no sense be defensive about his own judgment. In any event, as I follow the principles, the hurdle for a would-be appellant is not an especially high one. The principle is that in Smith v Cotsworth Casting Processes Limited [1997] 1 WLR 1538, the judgment of the court being one by Woolf LJ, as he then was, the principle being that the court will only refuse leave if satisfied that the applicant has no realistic prospect of succeeding on the appeal. And as I have just indicated, it is not an especially high hurdle but it is a filter through which a would-be appellant must pass.

2.In this matter, I take the view that Miss Ng, notwithstanding her submissions, has failed to get through that filter.

3.It seems to me that this is a matter of discretion but, of course, it is a discretion that needs to be exercised correctly, both as a matter of discretion, as that word is commonly understood, but also there is also the requirement that the judge must be shown to have been right as a matter of law.

4.Looking at this matter overall, it seems to me that the appellants, as I shall describe them, would fail in this matter, and in those circumstances I am going to refuse leave, inevitably I would have thought, Miss Ng, with costs against you and certificate for counsel.

Representation:

Present: Ms Debra Poon, instructed by Yu Hung & Co., for the Plaintiff

Ms Jennifer Ng, instructed by Peter W K Lo & Co., for the Defendant