RE LOUIE HOK CHOW

HCCV812/1984

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

APPLICATION FOR GRANT NO 812 OF 1984

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D E C I S I O N

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1.  This is an application for leave to appeal against the order of 21 December 2011 dismissing the appeal against the learned master’s decision regarding the applicant’s application before her. I believe I have already set out the background and the reasons for my decision in the written decision handed down on 10 January this year. I shall not repeat what I have already said.

2.  It is trite that an intended appellant must show a reasonable prospect of success when he applies for leave to appeal against an order made by the court to the Court of Appeal.

3.  Mr Choy purportedly acts on a power of attorney which is, on his own admission, ineffective.  As I had observed, the notice of appeal against the master’s decision was improperly constituted on that ground.  Likewise, the application for leave to appeal now before me is improperly constituted for the same reason.  That is to say, on his own admission, the power of attorney could not have been effective to grant Mr Choy the necessary authority to represent the applicant and take any steps in the intended appeal.

4.  In any event, I do not think there is any substance in challenging the decision that I have made in dismissing the appeal on merit.

5.  The leave to appeal is dismissed with costs against the applicant to be taxed if not agreed.  For the avoidance of any doubt, both respondents will have their costs against the applicant for the purpose of this application for leave to appeal.

6.  I further order that the 2^nd respondent is to be excused from further attendance unless otherwise directed by the court.