MAN EARN LTD v. SING YAU SANG

HCA 5957/1992

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 5957 OF 1992

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(Consolidated with HCA 5019/1998 pursuant to the Order
of the Mr Justice Waung dated 11 August 1998)

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D E C I S I O N

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1.  This is the plaintiff’s application for leave to appeal against my decision of 9 September 2009 (written reasons for decision were handed down on 14 September 2009).

2.  The plaintiff relies on s. 14AA(1), High Court Ordinance (Cap. 4) in making this application (implicitly accepting the intended appeal concerns an interlocutory judgment or order).  The test for granting leave to appeal is set out in s. 14AA(4):-

“Leave to appeal for the purpose of subsection (1) shall not be granted unless the court hearing the application for leave is satisfied that—

(a) the appeal has a reasonable prospect of success; or

(b) there is some other reason in the interests of justice why the appeal should be heard”.

3.  The decision of 9 September 2009 concerned in gist the question of how the masters’ orders relating to security for costs should be understood.  I decided against the plaintiff on that question.

4.  The plaintiff’s skeleton submission in support of this application asserts:-

“… [the court] erred in law in interpreting [the master’s orders] … not [to] include the costs incurred for the Defendants’ application for security for costs” (para. 7 thereof).

5.  No reasons have been put forth to substantiate that assertion.  Having considered the matter, I do not find any substance in it.

6.  This application is accordingly refused.