IP NGA SIN v. CHEUNG SIU SO

CAMP 529/2021

[2022] HKCA 960

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 529 OF 2021

(ON AN INTENDED APPEAL FROM DCCJ NO. 2019 OF 2017)

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JUDGMENT

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Hon Chu JA (giving the Judgment of the Court):

1.  By summons filed on 22 November 2021, the plaintiff made a renewed application to this Court for leave to appeal against the decision of His Honour Judge Herbert Au-Yeung (“the Judge”) dated 18 May 2021 ([2021] HKDC 601). By the decision, the Judge struck out the plaintiff’s Re-Re-Amended Writ of Summons and the Re-Amended Statement of Claim pursuant to Order 18 rule 19(1) of the Rules of the District Court, Cap. 336H (“RDC”), on the ground that it was an abuse of process for the plaintiff to proceed with the action when the parties have reached a binding settlement agreement.

2.  We have considered the papers filed in this application and the parties’ written submissions.

3.  We are of the view that Ground 1 in the draft notice of appeal, which relates to the Judge’s conclusion that a valid and binding settlement agreement has been reached between the parties, is reasonably arguable. We will grant leave to appeal on this ground.

4.  We find no merits in the other two grounds of appeal in the draft Notice of Appeal, namely, the Judge erred in law in finding that the action was an appropriate one for striking out (Ground 2), and the Judge failed to analyse and to give proper reasons as to why it was plain and obvious and/or certain that a settlement agreement had been reached (Ground 3). We refuse leave to appeal on these two grounds.

5.  The costs of the summons will be reserved to be determined together with the appeal. The defendant’s own costs will be taxed in accordance with the Legal Aid Regulations.