Hhwt v. Pygg

HCMP 1010/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 1010 OF 2014

(ON AN INTENDED APPEAL FROM FCMC NO.7877 OF 2012)

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BETWEEN

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Hon Cheung JA (giving Decision of the Court) :

1.The respondent’s paper application for leave to appeal against the decision of Deputy Judge S Lo is refused.

2.The respondent has failed to show that she has a reasonable prospect of success in her appeal against the exercise of discretion by the Judge.  The Judge was correct to set aside the writs of subpoena on the ground that the ambit of the documents originally sought was too wide and that they failed to identify the persons who provided the payments, gifts etc.  Further in respect of the ‘modified’ documents, the Judge was correct to say that the proper person to be served with the subpoena should be the Trustee and not the applicants.  The fact that the applicants had already provided some of the documents is irrelevant to the issue before the Judge.

3.Accordingly the application is dismissed with costs summarily assessed at $28,000.

4.We are of the view that the application is totally without merits.  We will, pursuant to Order 59 Rule 2A(8), further order that the respondent is not allowed to apply for a hearing to reconsider his application.