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