Re Choy Bing Wing

HCMP 50/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 50 OF 2014

(ON AN INTENDED APPEAL FROM HCB NO 12343 OF 2009)

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Before: Hon Yuen & Barma JJA

Date of Judgment: 5 August 2014

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J U D G M E N T

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1.This is an application by the debtor (“Mr Choy”) for leave to appeal from a decision of Anthony Chan J made in HCB12343/2009 on 3 October 2013. 

2.The judge dismissed an appeal made by Mr Choy against an order of Master K Lo made on 2 August 2013.  All that the master had done was to give directions regarding a hearing (adjourning it for argument, giving directions on evidence and submissions, and reserving costs).

3.The judge was clearly right to dismiss the appeal against that order as it was a case management decision made in the exercise of the master’s discretion. 

4.Similarly the judge’s decision was made in the exercise of his discretion.  We see no grounds to interfere with it.  We do not see the relevance of the grounds of appeal set out in Mr Choy’s summons to the directions given by the master and upheld by the judge.

5.By reason of the matters above, we take the view that there was no merit in the application for leave to appeal. 

6.The application is dismissed, and pursuant to Order 59 rule 2A(8) RHC, it is ordered that no party may request this determination to be reconsidered at an oral hearing inter partes. 

7.We make an order nisi that the applicant (Mr Choy) is to pay the costs of the application to the respondent.  If there is no application to vary the costs order nisi within 14 days after the date appearing on this decision, the court will make a summary assessment of costs based on the statement of costs attached to the respondent’s submissiondated 24 January 2014. 

The judgment debtor/applicant, in person

Mayer Brown JSM, solicitors for the judgment creditor/respondent