YUEN OI YEE, LISA v. CHIU WING WAH WILSON

DCCJ 7079 / 2003

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 7079 OF 2003

______________________

BETWEEN

  YUEN OI YEE, LISA Plaintiff
  And  
  CHONG KING PO, SALLY Defendant
KEN WONG Defendant
JACKY HO Defendant
KEN HUI Defendant

______________________

DCCJ 7080 / 2003

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 7080 OF 2003

______________________

BETWEEN

  YUEN OI YEE, LISA Plaintiff
  And  
  CHIU WING WAH WILSON Defendant

______________________

DCCJ 7081 / 2003

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 7081 OF 2003

______________________

BETWEEN

  YUEN OI YEE, LISA Plaintiff
  And
  CHAN KAM WAH, KENT Defendant

______________________

DCCJ 7184 / 2003

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 7184 OF 2003

______________________

BETWEEN

  YUEN OI YEE, LISA Plaintiff
  And  
  KU LAI CHIU CINDY Defendant
CHAN KWAI HING CHANNY Defendant
HO SIU KWAN MANDY Defendant
LEUNG MAN YEE SOFIA Defendant

______________________

DCCJ 7185 / 2003

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 7185 OF 2003

______________________

BETWEEN

  YUEN OI YEE, LISA Plaintiff
  And  
  CHAN KEUNG Defendant

______________________

DCCJ 7257 / 2003

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 7257 OF 2003

______________________

BETWEEN

  YUEN OI YEE, LISA Plaintiff
  And  
  LEUNG YIK HONG, FRED Defendant
LAM CHUN WAI, ANNO Defendant

______________________

DCCJ 7258 / 2003

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 7258 OF 2003

______________________

BETWEEN

  YUEN OI YEE, LISA Plaintiff
  And  
  TSE MEI PO, MABLE Defendant
CHOI YIN KI, ADA Defendant
HO MAY HAR, SANNIE Defendant

______________________

DCCJ 2702 / 2004

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 2702 OF 2004

______________________

BETWEEN

  YUEN OI YEE, LISA Plaintiff
  And  
  LUI CHUNG TAK Defendant
TSUI YIU MING, ALLEN Defendant
KUI SUK YIN, KIMMY Defendant

______________________

(CONSOLIDATED PURSUANT TO ORDER OF HIS HONOUR JUDGE A. TO DATED 3RD NOVEMBER 2004)

Before: Deputy District Judge Tracy Chan in Chambers

Date of hearing: 27 January 2005

Date of handing down Reasons for Decision: 29 January 2005

REASONS FOR DECISION

1. This is the Plainitff’s application for leave to appeal against my Decision handed down on 21 January 2005 dismissing her appealfrom the Order of Master Ko dated 10 January 2005 by which the Defendants’ Summons for striking out the Amended Statement of Claimwas to be adjourned to be heard by a judge on a date to be fixed. The appeal was heard on 14 January 2005 before me. The relevantbackground and facts have been summarized in my Reasons for Decision.

2. The Plaintiff appeared in person in this application. Her major complaints were that I had refused to consider her letters dated15 and 19 January sent in after the hearing before me on 14 January 2005; and that the application for striking out her Amended Statementof Claim had been heard and refused by His Honour Judge To and therefore should not be heard before a judge again.

3. According to the Plaintiff, the two letters were to draw my attention to her affirmation filed on 24 May 2004 for the hearing beforeHis Honour Judge To dated 4 June 2004; and that the course of action in DCCJ 2707 / 2004 is also malicious falsehood, not a differentcause of action as alleged by the Defendants, and this had been considered by His Honour Judge To as well.

4. Miss Lam appearing for the Defendants said that DCCJ 2707 / 2004 was only filed a few days before the hearing by His Honour JudgeTo on 4 June 2004 and had not been considered in his Decision.

5. After hearing parties, I find that the Plaintiff has no realistic prospect of succeeding on the intended appeal. The content of thetwo letters focused on His Honour Judge To’s decision. This was the cardinal issue raised by the Plaintiff at the hearing beforeme on 14 January 2005. My attention had been adequately drawn to the same. The letters only reiterated the Plaintiff’s submissionmade at the hearing. They would not have affected my decision one way or the other. In light of the volume of documents involvedand legal issues to be argued, I am satisfied that the Defendants’ summons should be heard by a judge with time set aside adequatelyfor parties to put forward their arguments fully.

6. Moreover, Master Ko has the discretion in law to refer any matter to a judge as he deems fit, and no appeal shall lie from his suchorder by virtue of Order 32, rule 17(2) of the Rules of the District Court. In the circumstances, the Plaintiff has no right to appealat the outset.

7. For reasons set out in the above, the Application for leave to appeal against my decision is refused. Costs of this application beto the Defendants to be taxed if not agreed.

  (Signed)
  Tracy Chan
  Deputy District Judge

Plaintiff: Ms. Yuen Oi Yee, Lisa, in person

Ms. A. Lam of M/s. Johnson, Stokes & Master for D1 to D19.