George Y.C. Mok & Co. (A Firm) v. Trade Advisers Co Ltd

HCMP 2589/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 2589 OF 2009

(ON AN INTENDED APPEAL FROM DCCJ NO. 18479 OF 2001)

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BETWEEN

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Before: Hon Rogers VP

Date of Decision: 31 December 2009

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D E C I S I O N

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1.This is an application for leave to appeal the judgment of His Honour Judge Lok given on 21 August 2009 after a trial which lasted no less than five days. The claim in the action was for the sum of $71,449.95 in respect of professional fees of the plaintiff. The judge gave judgment for the plaintiff with interest at 8% from 24 October 2001. No doubt the heaviest penalty was the order for costs. The judge awarded costs in favour of the plaintiff with a certificate for two counsel.

2.The points sought to be raised appear to me to be questions of fact and in so far as any other points are sought to be raised they are dependent upon findings of fact. Having considered the matter I do not consider that there is any sufficient merit in an appeal which warrants an appeal.

3.I would also add that this is clearly the sort of litigation which the Civil Justice Reform was designed to prevent. The fact that leading and junior counsel on both sides could engage a judge for five days on a claim like this is something to be deprecated. For this reason, also, I would be very reluctant to make any order which would enable this waste of the parties’ and public resources to be prolonged. I would therefore refuse leave to appeal.