Read the full judgment text of HCCT 46/2011 on BabelCite. This High Court of the Hong Kong Special Administrative Region Court of First Instance Construction and Arbitration Proceedings judgment was delivered on 7 March 2013 before Hon Au J.
Procedure — Leave to appeal — Whether order dismissing setting aside summons is final or interlocutory — Test applied from Shell Hong Kong Ltd v Yeung Wai Man Kiu Yip Co Ltd (2003) 6 HKCFAR 222 — Court held order interlocutory as setting aside consent order would not dispose of whole action — Leave to appeal required. Plaintiff’s grounds for appeal based on court procedure and efficiency denied reasonable prospect of success. Plaintiff’s summons to set aside consent order dismissed with costs. Defendant entitled to costs of leave application, taxed if not agreed.
Legal issues: Nature of the Order and Requirement for Leave to Appeal · Reasonableness of Grounds for Leave to Appeal
Outcome: Leave to appeal refused; application dismissed with costs to defendant.
Cited by 15 cases