LEAD WELL INVESTMENTS LTD v. QUALI-WELL DEVELOPMENT LTD

HCA 1914/2020

[2024] HKCFI 3099

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 1914 OF 2020

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BETWEEN

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DECISION

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1.  On 13 September 2024, I dismissed the plaintiff’s appeal against the order of a Master dated 2 April 2024 (the “Decision”). This is the plaintiff’s application for leave to appeal against the Decision.

2.  The decision whether to dismiss an application for summary judgment, or to grant unconditional leave, or conditional leave is a matter within the discretion of the judge. In an appeal against the granting of unconditional leave, the Court of Appeal will examine whether the judge’s reasons disclose any errors of law or misapprehension of material fact, or whether it can be said that the order granting unconditional leave was so plainly wrong that an appeal court had to interfere with the judge’s exercise of discretion[1].

3.  Mr Lee Yee Hung appearing for the plaintiff (“P”) submitted that the defence put forward by the defendant (“D”) does not raise a triable issue. However, P has not demonstrated or indeed attempted to show what were the errors of law or misapprehension of material fact that had been committed, or how was the Decision plainly wrong so as to justify an interference by the Court of Appeal. Indeed, Mr Lee’s submission is that: “whether D had raised a triable issue or an arguable defence, different respectable legal minds may differ.” – This does not satisfy the relevant requirement for leave to appeal to be granted.

4.  The application for leave to appeal is therefore dismissed.

5.  Costs of the application for leave to appeal, including costs of the hearing on 31 October 2024 be to the defendant, with certificate for counsel, to be summarily assessed, if not agreed. The plaintiff do lodge and serve its list of objections to the defendant’s statement of costs, if any, within 7 days hereof.

6.  The costs order is granted on a nisi basis, and will become absolute if no application to vary it is taken out within 14 days hereof.