方素豪 對 法律援助署

方素豪 對 法律援助署

The application for permission to appeal was dismissed and the originating summons struck out because the proposed appeal was barred by an existing restriction on appeals order, the applicant had not obtained leave from the original judge as required, and he failed to comply with the Court of Appeal's direction to...

Source-derived case information.

Citation
[2025] HKCA 331
Parties
Applicant: 方素豪; Respondent: 法律援助署
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
9 April 2025
Case Number
CAMP195/2024
Procedural Posture
Civil Leave to Appeal / Application for Permission to Appeal to Court of Appeal Dismissed and Summons Struck Out
Outcome
Application for leave to appeal dismissed; originating summons filed 14 October 2024 struck out; permission to appeal revoked.
Legal Topics
Leave to Appeal, Restriction on Proceedings, Vexatious/repetitive Litigation, Striking Out
Source Language
ch
Civil Procedure Appeals Abuse of Process Leave to Appeal Restriction on Proceedings Vexatious/repetitive Litigation Striking Out

Source-derived case record

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Parties

方素豪

Applicant

法律援助署

Respondent

Procedural Posture

Civil Leave to Appeal / Application for Permission to Appeal to Court of Appeal Dismissed and Summons Struck Out

  1. 1 Whether the applicant's leave to appeal should be granted despite an existing restriction on appeals order
  2. 2 Whether the proposed new defendants differentiate the proposed proceedings from already dismissed claims
  3. 3 Whether failure to obtain leave from the original judge or to comply with filing directions disentitles the applicant to proceed

Ratio Decidendi

The application for permission to appeal was dismissed and the originating summons struck out because the proposed appeal was barred by an existing restriction on appeals order, the applicant had not obtained leave from the original judge as required, and he failed to comply with the Court of Appeal's direction to file written submissions, rendering the application an abuse of process.

Court Disposition

Application for leave to appeal dismissed; originating summons filed 14 October 2024 struck out; permission to appeal revoked.

Orders

  • Strike out the applicant's originating summons filed 14 October 2024
  • Revoke the applicant's application for permission to appeal