IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO 1950 OF 2012
1. This is the defendant’s application for leave to appeal against the decision of this court dated 23 June 2015 (“Decision”). A draft Notice of Appeal (“Notice”) has been attached to the Summons in question.
2. The applicable legal principles are well-established, namely :
3. The grounds advanced in the Notice are quite difficult to understand. With respect, I agree with Mr Lai, who appears for the plaintiff,that it has not been demonstrated why there is a reasonable prospect of success in the intended appeal. In particular, it has notbeen shown why any part of the reasoning in the Decision is flawed. The central issue determined in the Decision was the jurisdictionalbasis of the trial before Master Lo. I am not at all satisfied that, apart from O 36, r 1, there was an alternative basis for thesame.
4. In respect of the interest of justice limb under s 14AA(b), the defendant’s case is nothing more than a bare assertion.
5. In the premises, this application is dismissed with costs to the plaintiff.
Mr Adrian Lai, instructed by Chak & Associates, for the plaintiff
Mr Tommy Lo, instructed by Chan, Lau & Wai, for the defendant