WONG KIN v. HIM KEE FOOD DISTRIBUTION CO LTD

HCMP 3285/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 3285 OF 2013

(ON AN INTENDED APPEAL FROM DCEC NO. 1771 OF 2012)

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D E C I S I O N

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Hon Cheung JA (giving decision of the court) :

1. H H Judge Chow allowed the applicant to amend his Notice of Application to include an alternative basis for his claim against the respondent. The Judge further granted costs of the amendment to the applicant. The amendment was opposed by the respondent.

2. The respondent contended that the costs order was wrong and sought leave to appeal. It was refused by the Judge.  The respondent now renews the application before this Court.

3. The respondent contended that it had acted reasonably in opposing the amendment by reason of the lack of merits of the amendment and the delay of the applicant in seeking the amendment.  Accordingly it contended that it should not be penalised in costs.

4. In our view the respondent has not shown any reasonable chance of success in challenging the costs order.  Clearly the Judge was against the respondent in terms of the merits of the amendment and the question of delay when he allowed the amendment.  We cannot see how the Judge can be faulted for making a costs order which followed the event.  He was after all exercising a discretion.

5. The application is accordingly refused.  We further order the respondent is not allowed to seek a further oral hearing pursuant to Order 59, rule 2A(7) of the Rules of the High Court (Cap. 4A).