曾娣及另一人 對 地政總署

曾娣及另一人 對 地政總署

The Court refused permission to appeal to the Court of Final Appeal because the applicants failed to identify any legal issue of great and general or public importance under Cap.484 s22(1)(b), had unjustifiably delayed and failed to comply with directions (thereby waiving the right to file submissions), and their...

Source-derived case information.

Citation
[2022] HKCA 1108
Parties
First Plaintiff: 曾娣; Second Plaintiff: 葉懿蓮; Defendant: 地政總署
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
1 August 2022
Case Number
CACV274/2019
Procedural Posture
Civil Appeal / Application for Permission to Appeal to the Court of Final Appeal After Dismissal by Court of Appeal
Outcome
application for permission to appeal to the Court of Final Appeal refused; procedural relief requested by applicants denied
Legal Topics
Permission to Appeal to Court of Final Appeal, Case Management and Compliance With Directions, Legal Aid Suspension Under Statute, Evidence and New Evidence, Illegal Structures/enforcement by Lands Department
Source Language
ch
Land Law Civil Procedure Administrative Law Permission to Appeal to Court of Final Appeal Case Management and Compliance With Directions Legal Aid Suspension Under Statute Evidence and New Evidence Illegal Structures/enforcement by Lands Department

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Parties

曾娣

First Plaintiff

葉懿蓮

Second Plaintiff

地政總署

Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal to the Court of Final Appeal After Dismissal by Court of Appeal

  1. 1 Whether the applicants demonstrated an arguable question of law of great and general importance under Cap.484 s22(1)(b) warranting leave to appeal to the Court of Final Appeal
  2. 2 Whether the court should suspend proceedings pursuant to Legal Aid Ordinance Cap.91 s15 after the applicants filed a legal aid memorandum
  3. 3 Whether the applicants waived their right to file written submissions by failing to comply with repeated directions and extensions

Ratio Decidendi

The Court refused permission to appeal to the Court of Final Appeal because the applicants failed to identify any legal issue of great and general or public importance under Cap.484 s22(1)(b), had unjustifiably delayed and failed to comply with directions (thereby waiving the right to file submissions), and their belated legal aid application did not warrant suspending the appeal; accordingly leave was refused and the related procedural motions were dismissed.

Court Disposition

application for permission to appeal to the Court of Final Appeal refused; procedural relief requested by applicants denied

Orders

  • Cancel suspension of proceedings purportedly triggered by the second applicant's legal aid memorandum and continue appeal process
  • Applicants are treated as having waived the right to file written submissions for failure to comply with directions