Zebra Industries (Orogenesis Nova) Ltd v. Wah Tong Paper Products Group Ltd

HCMP 436/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO436 OF 2013

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D E C I S I O N

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1.On 27 October 2014, I handed down my decisions on several applications of the plaintiff. The plaintiff has since issued two summonses, one for leave to appeal against my refusal of leave for the plaintiff to make a number of substantial amendments to its amended statement of claim and the other against my refusal to make an order for discovery.

2.As I made clear in my decision of 27 October 2014 (see eg paragraphs 55, 63 and 72), the proposed amendments in question sought to raise new claims.  On that basis, it seems to me, and at the hearing Mr Chan accepted on behalf of the defendant, that my decision falls within the description in RHC O 59 r 21(2)(i) (ie “an order refusing to allow an amendment of a pleading to introduce a new claim or defence or any other new issue”), so that it is to be regarded as an order “determining in a summary way the substantive rights of a party” within the meaning of r 21(1)(a).  It follows in turn from r 21(1) that s 14AA(1) of the High Court Ordinance (Cap 4) does not apply and that an appeal lies as of right from that order.

3.I therefore make no order on the plaintiff’s summons and also make no order as to costs.

4.As for the plaintiff’s application for leave to appeal against my refusal of an order for discovery, Mr Saatori reiterated the reasons why the plaintiff wished to seek the documents in question.  I had dealt with the discovery application in paragraphs 88 to 95 of my decision of 27 October 2014.  Based on the plaintiff’s submissions I do not see any prospect of success in the intended appeal.  Accordingly I refuse to grant leave to appeal. 

5.I make an order nisi that the plaintiff is to pay the defendant the costs of the summons for leave to appeal in relation to discovery dated 10 November 2014.

Mr Elijah Saatori, the Director of the plaintiff company, for the plaintiff

Mr Chan Chung Ming Josiah, instructed by W.K. To & Co., for the defendant