Chan v Harris (No 2)

The case of Chan v Harris (No 2) involved Mr Chan as the applicant and Mr Harris as the respondent. The matter was brought before the Court due to Mr Chan seeking variations of orders made by the Court in relation to his further written submissions and other orders. He also sought leave to issue subpoenas against various parties. The Court reserved its decision until 12 October 2010.

The legal issues the Court was required to decide related to the validity of Mr Chan’s applications for variations of orders and the leave to issue subpoenas. Additionally, the Court had to determine whether Mr Chan's Notice of Appeal against the Court’s decision delivered on 12 October 2010 was properly filed, given that leave was required for the filing of an appeal against an interlocutory decision.

In its reasoning, the Court noted that it had previously dismissed Mr Chan’s disqualification application and his Notice of Motion filed on 14 September 2010. The Court had also made orders extending the time for Mr Chan to file further affidavits and submissions. However, it became evident that Mr Chan had filed a Notice of Appeal against the Court’s decision delivered on 12 October 2010 without the necessary leave, and thus the Registry was in error in accepting the Notice of Appeal. Consequently, the Court clarified that the Notice of Appeal did not operate as a stay of proceedings of the Application. The Court also made clear that it would proceed to hear and determine the remaining motions and Mr Chan's Application on 2 November 2010, without granting any further applications for extensions.

No further orders were made, and the Court confirmed that it would proceed to hear and determine the remaining motions and Mr Chan's Application on 2 November 2010, without granting any further applications for extensions.