61 lines
2.3 KiB
YAML
61 lines
2.3 KiB
YAML
plaintiff:
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- Dr Paul KI Ping-ki
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- Hong Kong Washington Company
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defendant:
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- Next Magazine Publishing Ltd
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- CHEUNG Kim-hung
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- Toppan Printing Co (HK) Ltd
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- YEUNG Wai-hong
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- LEE Kwong-fung
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case_reason: >
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Appeal against the decision refusing leave to appeal out of time from a Registrar's order
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that allowed the 1st defendant to set off debt owed by Dr Ki against a judgment sum of
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$200,100 awarded to the plaintiffs in a defamation action.
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judgment_summary: >
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The Court of Appeal dismissed Dr Ki's appeal. The court held that Dr Ki had an inordinate
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delay of over 7 months without reasonable excuse in seeking leave to appeal the Registrar's
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order. The Registrar had correctly determined that Next Magazine Publishing Ltd was entitled
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to set off taxed costs from a previous defamation action against damages awarded to Dr Ki
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in the current defamation action, pursuant to Section 35 of the Bankruptcy Ordinance. The
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court found no merit in Dr Ki's proposed appeal and upheld the judge's refusal to grant
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extension of time. Appeal dismissed with costs.
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jurisdiction_code: >
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HKCA
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jurisdiction_name: >
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Court of Appeal of the High Court of the Hong Kong Special Administrative Region
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case_location:
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- High Court
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- Court of Appeal
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- Hong Kong
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case_object:
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- Judgment sum of $200,100
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- Taxed costs of $906,185.40
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- Proof of debt
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judgment_result:
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- allegation_content: Appeal against refusal to grant leave to appeal out of time from Registrar's order allowing set-off
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established: N
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- allegation_content: Defendants committed contempt of court by disobeying Official Receiver's order
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established: N
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- allegation_content: Registrar did not have jurisdiction to overturn Official Receiver's order
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established: N
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involved_entities:
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- name: Official Receiver
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state_reasons: Acted as trustee in bankruptcy of Dr Ki and issued opinion that damages did not form part of bankruptcy estate
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- name: Registrar Chu
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state_reasons: Made the original order on 30 May 1999 allowing set-off of debt against judgment sum
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- name: Yuen J
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state_reasons: Judge who refused Dr Ki's application for leave to appeal out of time on 2 May 2000
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- name: Hon Leong JA
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state_reasons: Justice of Appeal who heard the appeal
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- name: Woo JA
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state_reasons: Justice of Appeal who delivered the judgment of the Court
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