忻秀佩 對 香港特別行政區警務處（負責人曾偉雄）

忻秀佩 對 香港特別行政區警務處（負責人曾偉雄）

The court refused the appellant's application for an indefinite adjournment because she failed to show reasonable grounds; the underlying claim had been properly struck out under Order 18 r19 for incurable defects and the appellant's contradictory conduct (appealing while seeking indefinite delay) amounted to misuse...

Source-derived case information.

Citation
忻秀佩 對 香港特別行政區警務處（負責人曾偉雄）
Parties
Appellant: 忻秀佩; Respondent: 香港特別行政區警務處（負責人曾偉雄）
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
16 November 2017
Case Number
CACV168/2017
Procedural Posture
Civil Appeal / Interlocutory / Case Management (application to Adjourn/stay and Directions)
Outcome
Application for indefinite adjournment dismissed; unless order and costs awarded against appellant
Legal Topics
Case Management, Strike Out Under Pleadings Rules, Stay/adjournment Application, Abuse of Process, Unless Order
Source Language
ch
Civil Procedure Appeals Costs Case Management Strike Out Under Pleadings Rules Stay/adjournment Application Abuse of Process Unless Order

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Summary, issues, holding and outcome

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Parties

忻秀佩

Appellant

香港特別行政區警務處（負責人曾偉雄）

Respondent

Procedural Posture

Civil Appeal / Interlocutory / Case Management (application to Adjourn/stay and Directions)

Legal Issues

  1. 1 Whether the appellant demonstrated reasonable grounds to grant an indefinite adjournment/postponement of the appeal timetable
  2. 2 Whether the appellant's claim had been properly struck out under procedural rules (Order 18 r19) and whether that justifies adjournment
  3. 3 Whether the appellant's conduct amounted to abuse of process warranting management sanctions including an unless order and dismissal for failure to comply

Ratio Decidendi

The court refused the appellant's application for an indefinite adjournment because she failed to show reasonable grounds; the underlying claim had been properly struck out under Order 18 r19 for incurable defects and the appellant's contradictory conduct (appealing while seeking indefinite delay) amounted to misuse of process; accordingly the summons was dismissed, an unless order was made requiring filing of the draft appeal bundle by 30 November 2017 or the appeal would be automatically dismissed on 1 December 2017, and costs of HK$8,255 were awarded to the respondent.

Court Disposition

Application for indefinite adjournment dismissed; unless order and costs awarded against appellant

Orders

  • The appellant's summons dated 9 August 2017 is dismissed
  • Appellant must file and lodge the draft appeal bundle on or before 30 November 2017