Leung So Hung Siem v Carson Wen And Others

Judgment Date09 June 2020
Neutral Citation[2020] HKCFI 1064
Year2020
Judgement NumberHCAL1070/2020
Subject MatterConstitutional and Administrative Law Proceedings
CourtCourt of First Instance (Hong Kong)
HCAL1070/2020 LEUNG SO HUNG SIEM v. CARSON WEN AND OTHERS

HCAL 1070/2020

[2020] HKCFI 1064

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 1070 OF 2020

________________________

BETWEEN

LEUNG SO HUNG SIEM (梁素紅) Applicant
and
CARSON WEN (温家旋) 1st Putative Respondent
SANCUS GROUP AND SUBSIDIARIES 2nd Putative Respondent
JONES DAY AND SUBSIDIARIES 3rd Putative Respondent
THE BANK OF ASIA (BVI) LTD AND SUBSIDIARIES 4th Putative Respondent
ISABELLA CHAN 5th Putative Respondent
SANCUS GROUP AND SUBSIDIARES 6th Putative Respondent

________________________

Before: Hon Chow J in Chambers
Date of Decision: 9 June 2020

________________________

D E C I S I O N

________________________

1. The Applicant seeks to apply for judicial review of an order made by Deputy High Court Judge Keith Yeung (as he then was) on 29 Mach 2018 in HCA 121/2017 (“the Order”).

2. As can be seen from his Decision dated 29 March 2018, the learned Judge dismissed an appeal lodged by the Applicant (being the Plaintiff in HCA 121/2017) against an order of Master K H Hui made on 17 November 2017:

(1) allowing the summons dated 29 June 2017 taken out by the 1st, 2nd, 4th, 5th and 6th Defendants for Further and Better Particulars of the Further and Better Particulars previously given by the Plaintiff on 5 June 2017;

(2) extending the time for those defendants to file and serve their Defence and Counterclaim to 28 days from the date the Plaintiff filed the Further and Better Particulars ordered; and

(3) ordering that the costs of the application including the hearing (summarily assessed at HK$37,000) be payable by the Plaintiff within 28 days from the date of the decision,

in so far as the 1st, 4th and 5th Defendants were concerned, with costs to those Defendants (summarily assessed at HK$45,000).

3. The learned Judge also allowed the Plaintiff’s appeal in so far as the 2nd and 6th Defendants were concerned, because they were not legal entities that could sue or be sued (see §§6-9 of the Decision).

4. On 11 July 2019, the Plaintiff applied for leave to appeal the Order. That application was dismissed by the learned Judge on 19 September 2019 with costs to the 1st, 4th and 5th Defendants (summarily assessed at HK$39,058).

5. It is trite that judicial review does not lie...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT