任慶福 對 香港特別行政區政府

任慶福 對 香港特別行政區政府

The appeal was struck out because the appellant failed to prosecute the appeal for over 12 years without a reasonable explanation, thereby committing an abuse of process; furthermore the appeal had no realistic prospect of success as previously determined by the trial judge, and Order 1A principles and the court's...

Source-derived case information.

Citation
[2018] HKCA 723
Parties
Appellant: 任慶福; Respondent: 香港特別行政區政府
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
22 October 2018
Case Number
CACV85/2003
Procedural Posture
Civil Appeal / Application to Strike Out Appeal Under Order 1 a and Inherent Jurisdiction
Outcome
Appeal struck out and dismissed
Legal Topics
Strike Out, Abuse of Process, Dismissal for Want of Prosecution, Delay, Costs Assessment
Source Language
ch
Civil Procedure Land Law Property Law Administrative Law Strike Out Abuse of Process Dismissal for Want of Prosecution Delay +1 more

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Parties

任慶福

Appellant

香港特別行政區政府

Respondent

Procedural Posture

Civil Appeal / Application to Strike Out Appeal Under Order 1 a and Inherent Jurisdiction

  1. 1 Whether the appeal should be struck out for inordinate and unexplained delay (failure to prosecute)
  2. 2 Whether the appeal is frivolous, vexatious or an abuse of process and has no real prospect of success
  3. 3 Whether the appellant's explanation (public advocacy and negotiations) excuses the delay

Ratio Decidendi

The appeal was struck out because the appellant failed to prosecute the appeal for over 12 years without a reasonable explanation, thereby committing an abuse of process; furthermore the appeal had no realistic prospect of success as previously determined by the trial judge, and Order 1A principles and the court's inherent jurisdiction justified striking out and dismissing the appeal; costs were awarded summarily at HKD 120,000.

Court Disposition

Appeal struck out and dismissed

Orders

  • Strike out the notice of appeal dated 11 April 2003 and dismiss the appeal
  • Appellant to pay respondent's costs for this appeal, including the June 11, 2018 summons; costs assessed summarily at HKD 120,000