CHING KWOK PING KIRBY v. SEQUEIRA, PAUL VIJAY HAYATO

DCCJ6161/2004

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 6161 OF 2004

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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 a decision made by this Court made on 5 August 2005.  On that day, after an inter partes hearing, the court refused the 2nd defendant’s application to set aside the writ of possession to grant an extension to file a Defence and to set aside the default judgment.  The court delivered its decision, giving reasons, and it is not necessary for me to repeat the same today.

2.  Today, the 2nd defendant seeks leave to appeal against that decision.  Basically, he reiterates factual allegations which should properly have been put in a Defence which he has not filed well after he had been given opportunities, including a deadline as ordered by the Court. 

3.  I have heard the 2nd defendant’s address today but he has not stated where I have erred as a matter of law.  In a correspondence/document to the Court, the 2nd defendant also complains that the document in Folio 34 had not been considered by a Master in chambers previously.  However, in the subsequent hearing on 5 August 2005, Folios 34, 31 and 32 were all before this Court and all matters relating to merit had already been ventilated that day, but the most important aspect as I have stated above is I have not heard any submission as to where and/or how I erred as a matter of law on 5 August 2005. 

4.  For the above reasons, I can see no basis to grant leave to appeal today, and the application is dismissed.

5.  Costs for today’s application be to the plaintiff, to be taxed if not agreed.