李成足 對 松美工程公司僱主許重暖及另一人

李成足 對 松美工程公司僱主許重暖及另一人

The court refused the application for leave to appeal because the appellant failed to demonstrate that the proposed appeal raised issues of general or public importance or other exceptional reasons under s22, and because he repeatedly and deliberately breached Practice Direction 2.1 by filing numerous unauthorised...

Source-derived case information.

Citation
[2020] HKCA 328
Parties
Appellant: 李成足; First Respondent: 松美工程公司僱主許重暖; Second Respondent: 僱員補償援助基金管理局
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
14 May 2020
Case Number
CACV28/2018
Procedural Posture
Civil Appeal / Application for Leave to Appeal to the Court of Final Appeal
Outcome
Application for leave to appeal to the Court of Final Appeal refused; unauthorised motions/filings set aside; no order as to costs against the appellant
Legal Topics
Leave to Appeal, Non Compliance With Practice Directions, Filing of Affidavits, Permission to Appeal to Final Court
Source Language
ch
Civil Procedure Appeals Personal Injury Court Practice Directions Leave to Appeal Non Compliance With Practice Directions Filing of Affidavits Permission to Appeal to Final Court

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Parties

李成足

Appellant

松美工程公司僱主許重暖

First Respondent

僱員補償援助基金管理局

Second Respondent

Procedural Posture

Civil Appeal / Application for Leave to Appeal to the Court of Final Appeal

  1. 1 Whether leave to appeal to the Court of Final Appeal should be granted under s22 of the Court of Final Appeal Ordinance
  2. 2 Whether the appellant’s extensive unauthorised filings should be considered given repeated breaches of Practice Direction 2.1
  3. 3 Whether the proposed appeal involves questions of general or public importance or other exceptional reasons warranting determination by the Court of Final Appeal

Ratio Decidendi

The court refused the application for leave to appeal because the appellant failed to demonstrate that the proposed appeal raised issues of general or public importance or other exceptional reasons under s22, and because he repeatedly and deliberately breached Practice Direction 2.1 by filing numerous unauthorised affidavits and documents which the court declined to consider.

Court Disposition

Application for leave to appeal to the Court of Final Appeal refused; unauthorised motions/filings set aside; no order as to costs against the appellant

Orders

  • Refused leave to appeal to the Court of Final Appeal under s22
  • Set aside/struck out the appellant's unauthorised filed motions and affidavits filed in breach of Practice Direction 2.1