hklii_samples/en_cases_hkca/2000_HKCA_341/summary-fast.yml

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YAML

plaintiff:
- Dr Paul KI Ping-ki
- Hong Kong Washington Company
defendant:
- Next Magazine Publishing Ltd
jurisdiction_code: HKCA
jurisdiction_name: Court of Appeal of the High Court of the Hong Kong Special Administrative Region
case_location:
- 香港特別行政區
- Hong Kong Special Administrative Region
case_reason: "1st plaintiff, Dr Paul Ki Ping-ki, appeals against Yuen J's decision made on 2 May 2000\
\ regarding an application for leave to appeal out of time from an order made by Registrar Chu on 30\
\ May 1999, in "
case_object:
- leave to appeal
judgment_result:
- charge: Appeal against Registrar's order (liability issue)
result: Dismissed. The Judge had carefully decided the matter and considered all relevant factors regarding
the exercise of her discretion whether to grant an extension of time for Dr Ki to appeal, and she
decided correctly on all those four factors.
- charge: Contempt of court (quantum issue)
result: Dismissed. The letter from the Official Receiver dated 20 January 1999 was not an order but
rather an opinion held by the Official Receiver, and it did not amount to a contempt of court.
- charge: Registrar's jurisdiction (quantum issue)
result: Dismissed. The Registrar had the jurisdiction to decide whether the judgment sum could be enforced
against Next, and her decision was sought by Dr Ki. There was no mistake as alleged by Dr Ki that
he had made.
judgment_summary: >-
In this appeal against Yuen J's decision regarding leave to appeal out of time from an order made by
Registrar Chu, the Court dismissed all charges: (1) The Judge correctly decided on the exercise of discretion
whether to grant an extension for Dr Ki to appeal; (2) A letter from the Official Receiver did not amount
to a contempt of court; (3) Registrar Chu had jurisdiction over the judgment sum. The Court upheld Yuen
J's decision.
involved_entities:
- entity_name: Hon Leong JA
reason: Presiding judge in this case, responsible for fact-finding and adjudication.
- entity_name: Woo JA
reason: Co-presiding judge in this case, responsible for fact-finding and adjudication.
- entity_name: Dr Paul KI Ping-ki
reason: 1st Plaintiff in the action.
- entity_name: Hong Kong Washington Company
reason: 2nd Plaintiff in the action.
- entity_name: Next Magazine Publishing Ltd
reason: 1st Defendant in the action.
- entity_name: CHEUNG Kim-hung
reason: 2nd Defendant in the action.
- entity_name: Toppan Printing Co (HK) Ltd
reason: 3rd Defendant in the action.
- entity_name: YEUNG Wai-hong
reason: 4th Defendant in the action.
- entity_name: LEE Kwong-fung
reason: 5th Defendant in the action.
- entity_name: Yuen J
reason: Judge of the Court of First Instance, whose decision is appealed against.
- entity_name: Registrar Chu
reason: Registrar who made the order on 30 May 1999 regarding set-off of debt.
- entity_name: Official Receiver
reason: Authority that stated the damages did not form part of Dr Ki's property in bankruptcy.