DR. ALICE LI MIU-LING v. DR. THOMAS WONG KWOK-SHING

HCA155/2006

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 155 OF 2006

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D E C I S I O N

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1. By an e-mail which was forwarded to my clerk this morning, the plaintiff, through her husband, applies for an adjournment of the appeal fixed for hearing today.  The application by e-mail for the adjournment is on the basis of the ill health of the plaintiff, who acts in person, resulting in her inability to travel from the United Kingdom to Hong Kong.

2. The e-mail which was forwarded today follows from an e-mail which the plaintiff’s husband sent to the defendant’s solicitors yesterday in effect asking for an adjournment on the same ground.  However, nowhere in either e-mail am I told what the illness of the plaintiff is and no details are given.  A medical certificate has also not been provided. 

3. The appeal was fixed for hearing today on 20 April 2009 when the notice of appeal was issued.  This is an appeal from the order of Master Levy made on 6 April 2009.  By that order she struck out the amended statement of claim and dismissed the action and made a costs order in favour of the defendant.

4. Although the hearing of the appeal was fixed as long ago as 20 April 2009, it was only yesterday at a very late stage that the plaintiff, through her husband, indicated that she was too ill to travel to Hong Kong for the prosecution of her appeal and asked for an adjournment to a new date once she has recovered from her unspecified illness. 

5. As Mr. Tang, who opposes the application for an adjournment on behalf of the defendant, has pointed out, the e-mail sent yesterday indicates that the plaintiff has been ill for some time.  This is a very late application to adjourn the hearing of the appeal. 

6. As the Court has not been provided with any particulars of the illness of the plaintiff and has also not been provided with a medical certificate indicating her inability to travel, I am not prepared to grant the adjournment of the hearing of the appeal.  I refuse the application for the adjournment.