531. |
Nonetheless, the
appellate process, may be abused, particularly by a party seeking to delay the trial by
launching appeals against interlocutory decisions of the CFI judge. This is a very real
danger in Hong Kong where, unlike other comparable systems, interlocutory appeals may be
lodged as of right and without any requirement for leave. (Note 466) As mentioned above, the Hong Kong Court of Appeal
has accorded primacy to the case management decisions of the first instance judge and
repeatedly stated that it will not interfere with his exercise of discretion in the
absence of error. (Note 467) However, this has not prevented interlocutory appeals
from being brought, often at considerable expense. As Appendix B, Table 30 indicates, of
the 13 taxed bills for interlocutory appeals to the Court of Appeal studied, the lowest
amount of costs claimed was $127,600, the highest $801,500 and the median $189,500. |