方素豪 對 法律援助署

方素豪 對 法律援助署

The Court struck out and revoked the plaintiff's summons and subsequent notice of motion because the plaintiff had not obtained the required leave from the judge, his attempt to seek leave contravened the Court's 16 September 2019 restriction order, and the application was frivolous and a misuse of court resources;...

Source-derived case information.

Citation
[2025] HKCA 380
Parties
Plaintiff: 方素豪; Defendant: 法律援助署
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
29 April 2025
Case Number
CAMP195/2024
Procedural Posture
Application for Leave to Appeal / Leave Application Struck Out by Court of Appeal
Outcome
Summons and application for leave to appeal struck out and the notice of motion for leave to appeal dismissed; permission to appeal to the Court of Final Appeal refused.
Legal Topics
Leave to Appeal, Striking Out, Restriction on Appeals, Case Management Powers, Abuse of Process
Source Language
ch
Civil Procedure Appeal Court Rules Case Management Leave to Appeal Striking Out Restriction on Appeals Case Management Powers +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

方素豪

Plaintiff

法律援助署

Defendant

Procedural Posture

Application for Leave to Appeal / Leave Application Struck Out by Court of Appeal

Legal Issues

  1. 1 Whether the plaintiff's application for leave to appeal was barred by a prior restriction on appeals order
  2. 2 Whether the Court should exercise its case management powers under Order 1A and 1B to strike out the application
  3. 3 Whether the application was frivolous or an abuse of process warranting dismissal

Ratio Decidendi

The Court struck out and revoked the plaintiff's summons and subsequent notice of motion because the plaintiff had not obtained the required leave from the judge, his attempt to seek leave contravened the Court's 16 September 2019 restriction order, and the application was frivolous and a misuse of court resources; the Court validly exercised its case management powers under Orders 1A and 1B to achieve the Rules' objectives and to dismiss the motion.

Court Disposition

Summons and application for leave to appeal struck out and the notice of motion for leave to appeal dismissed; permission to appeal to the Court of Final Appeal refused.

Orders

  • Struck out the plaintiff's summons dated 14 October 2024 and revoked his application for leave to appeal against Judge Luk's order dated 14 October 2024.
  • Struck out and revoked the plaintiff's notice of motion seeking leave to appeal the Court's 9 April 2025 decision, pursuant to High Court Rules Order 1A and Order 1B.