李成足 對 許重暖

李成足 對 許重暖

The appeal was struck out because the appellant lacked statutory permission to appeal under Cap.336 s63, failed to apply for leave within the required time and procedures (Order 58 r2(4)), and failed to show any relevant grounds connected to the impugned district court order that would justify a direct appeal...

Source-derived case information.

Citation
[2022] HKCA 530
Parties
Applicant: 李成足; Respondent: 許重暖
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
21 April 2022
Case Number
CACV599/2021
Procedural Posture
Civil Appeal (employees' Compensation / Personal Injury) / Permission to Appeal Not Obtained; Appeal Struck Out on Jurisdictional Grounds
Outcome
Notice of Appeal struck out for want of jurisdiction/leave
Legal Topics
Leave to Appeal, Jurisdiction, Striking Out Appeal, Employee's Compensation, Procedural Requirements Under District Court Ordinance
Source Language
ch
Civil Procedure Employment Law Tort Personal Injury Leave to Appeal Jurisdiction Striking Out Appeal Employee's Compensation Procedural Requirements Under District Court Ordinance

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Parties

李成足

Applicant

許重暖

Respondent

Procedural Posture

Civil Appeal (employees' Compensation / Personal Injury) / Permission to Appeal Not Obtained; Appeal Struck Out on Jurisdictional Grounds

  1. 1 Whether appellant could appeal a district court judge's order to the Court of Appeal without leave under District Court Ordinance s63
  2. 2 Whether appellant complied with the time and procedural requirements for seeking leave to appeal (District Court Rules Order 58 r2(4))
  3. 3 Whether the grounds and materials relied on related to the specific district court order and justified direct appeal without leave

Ratio Decidendi

The appeal was struck out because the appellant lacked statutory permission to appeal under Cap.336 s63, failed to apply for leave within the required time and procedures (Order 58 r2(4)), and failed to show any relevant grounds connected to the impugned district court order that would justify a direct appeal without leave.

Court Disposition

Notice of Appeal struck out for want of jurisdiction/leave

Orders

  • Strike out the appellant's Notice of Appeal
  • Set aside the summons dated 25 January 2022