YUNG MEI CHUN, JESSIE v. MERRILL LYNCH (ASIA PACIFIC) LTD

DCCJ 3068/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO 3068 OF 2013

————————–

BETWEEN
YUNG MEI CHUN, JESSIE Plaintiff
and
MERRILL LYNCH (ASIA PACIFIC) LIMITED Defendant

————————–

Before : His Honour Judge Andrew Li in Chambers (Open to Public)

Date of Hearing : 18 January 2016
Date of Decision : 18 January 2016

————————–

DECISION

————————–

1. This is the plaintiff’s ex parte application to try to seek leave to appeal against an order I made on 3 November 2015. The plaintifffailed to turn up for the hearing at the appointed time this morning. The plaintiff had made a similar application fixed for hearingon 3 November 2015 to appeal against the order I made on 2 September 2015 in this case. She also did not turn up at the hearingon that occasion. That application was dismissed by me on 3 November 2015.

2. Since the Court of Appeal has spoken with its written decision delivered on 25 August 2015 on this matter, this court has no furtherrole to play in this case. The Court of Appeal has specifically mentioned in §5 of its Judgment that this case had come to an end:-

“……unless the Plaintiff can persuade this court to reverse the conclusion of the Judge on the validity of the service of thewrit, the action must come to an end” [see §5 of the Judgment]

3. As such, I do not see any basis for this application or the previous application which were purportedly for the appeal against thedecisions I made on 2 September 2015 and 3 November 2015 respectively, after the Court of Appeal had ruled on the matter.

4. I therefore dismissed the plaintiff’s summons dated 30 November 2015 this morning accordingly.

5. Since the plaintiff had failed to turn up twice on a similar application with no credible explanation or with supporting documentslike medical certificates to explain her absence, in my judgment, this clearly amounts to an abuse of process and wasting of theprecious resources of the court. I hereby make an order that the plaintiff would not be allowed to issue another summons in thiscase without the leave of the court and no further submission/application is allowed without the leave of the court. Any submission/correspondencesubmitted without the leave of the court will be returned without reading.

( Andrew SY Li )
District Judge

The plaintiff was not represented and did not appear.