劉華 對 法律援助署

劉華 對 法律援助署

The appeal was invalid and must be dismissed because it challenged a non-final/interlocutory order and the applicant failed to obtain the mandatory leave from the lower court within the required time and did not establish special circumstances to excuse that failure; therefore the appeal and the related summons were...

Source-derived case information.

Citation
[2023] HKCA 268
Parties
Applicant: 劉華; Respondent: 法律援助署
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
27 February 2023
Case Number
CACV111/2022
Procedural Posture
Civil Appeal (judicial Review Costs Order) / Early Procedural Stage Permission to Appeal Not Obtained
Outcome
Appeal dismissed (struck out); 25/4/2022 summons revoked; no order as to costs
Legal Topics
Permission to Appeal, Appealability of Interlocutory Orders, Stay of Execution, Practice Directions
Source Language
ch
Administrative Law Civil Procedure Judicial Review Costs Permission to Appeal Appealability of Interlocutory Orders Stay of Execution Practice Directions

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Parties

劉華

Applicant

法律援助署

Respondent

Procedural Posture

Civil Appeal (judicial Review Costs Order) / Early Procedural Stage Permission to Appeal Not Obtained

  1. 1 Whether an appeal lies to the Court of Appeal against a non-final/interlocutory order without leave
  2. 2 Whether the applicant complied with the rule requiring an application for leave to be made to the lower court within the statutory time limit
  3. 3 Whether any special circumstances existed to excuse bypassing the lower court

Ratio Decidendi

The appeal was invalid and must be dismissed because it challenged a non-final/interlocutory order and the applicant failed to obtain the mandatory leave from the lower court within the required time and did not establish special circumstances to excuse that failure; therefore the appeal and the related summons were revoked.

Court Disposition

Appeal dismissed (struck out); 25/4/2022 summons revoked; no order as to costs

Orders

  • This appeal is dismissed/struck out for lack of leave to appeal against a non-final order.
  • The 25/4/2022 summons is revoked.