何漢標 對 李妙桂 REPRESENTING THE ESTATE OF 何漢嘉 (DECEASED)

何漢標 對 李妙桂 REPRESENTING THE ESTATE OF 何漢嘉 (DECEASED)

The Court refused leave to appeal to the Court of Final Appeal against the Court of Appeal's costs order of 31 August 2022 because the applicant failed to demonstrate that the costs order involved issues of great and general or public importance or any other reason warranting the Court of Final Appeal's...

Source-derived case information.

Citation
[2022] HKCA 1722
Parties
Plaintiff: 何漢標; Defendant: 李妙桂 (representing the estate of 何漢嘉, deceased)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
23 November 2022
Case Number
CAMP129/2022
Procedural Posture
Application for Leave to Appeal to the Court of Final Appeal / Decision on Application for Leave to Appeal (court of Appeal)
Outcome
Application for leave to appeal to the Court of Final Appeal refused; supplementary notice struck out.
Legal Topics
Leave to Appeal, Costs Order, Final Appeal Jurisdiction, Public Importance
Source Language
ch
Civil Procedure Appeals Costs and Taxation Leave to Appeal Costs Order Final Appeal Jurisdiction Public Importance

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Parties

何漢標

Plaintiff

李妙桂 (representing the estate of 何漢嘉, deceased)

Defendant

Procedural Posture

Application for Leave to Appeal to the Court of Final Appeal / Decision on Application for Leave to Appeal (court of Appeal)

Legal Issues

  1. 1 Whether leave should be granted to appeal the Court of Appeal's costs order to the Court of Final Appeal under Cap.484 s22(1)(b)
  2. 2 Whether the costs order raises issues of great and general or public importance or other reasons warranting consideration by the Court of Final Appeal
  3. 3 Whether submissions attacking the trial judge's decision are relevant or barred given statutory constraints (DCO s63B)

Ratio Decidendi

The Court refused leave to appeal to the Court of Final Appeal against the Court of Appeal's costs order of 31 August 2022 because the applicant failed to demonstrate that the costs order involved issues of great and general or public importance or any other reason warranting the Court of Final Appeal's intervention; submissions attacking the trial judge's decision were irrelevant to the leave application and, in any event, the applicant was statutorily barred from appealing the Court of Appeal's prior refusal to grant leave under DCO s63B.

Court Disposition

Application for leave to appeal to the Court of Final Appeal refused; supplementary notice struck out.

Orders

  • Refused permission to appeal to the Court of Final Appeal against the Court of Appeal's costs order dated 31 August 2022
  • Struck out the applicant's supplementary notice filed on 17 October 2022