李銘芳 對 律政署

李銘芳 對 律政署

Permission to appeal to the Court of Final Appeal was refused because the applicant failed to establish any matter of wide or public importance under s22(1), failed to comply with clear court directions (resulting in automatic withdrawal of the appeal), and the underlying judicial review had no reasonable prospect...

Source-derived case information.

Citation
[2018] HKCA 489
Parties
Applicant: 李銘芳; Respondent: 律政署
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
6 August 2018
Case Number
CACV50/2017
Procedural Posture
Judicial Review (leave) Appeal / Appeal Against Refusal of Leave to the Court of Appeal and Application for Permission to Appeal to the Court of Final Appeal
Outcome
Permission to appeal to the Court of Final Appeal refused; earlier appeal deemed withdrawn for failure to comply with directions.
Legal Topics
Leave to Apply for Judicial Review, Permission to Appeal to Court of Final Appeal Under S22(1), Service and Notice, Automatic Dismissal for Non Compliance With Procedural Directions, Alternative Statutory Appeal Under Criminal Case Costs Ordinance
Source Language
ch
Administrative Law Civil Procedure Criminal Costs Leave to Apply for Judicial Review Permission to Appeal to Court of Final Appeal Under S22(1) Service and Notice Automatic Dismissal for Non Compliance With Procedural Directions Alternative Statutory Appeal Under Criminal Case Costs Ordinance

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Parties

李銘芳

Applicant

律政署

Respondent

Procedural Posture

Judicial Review (leave) Appeal / Appeal Against Refusal of Leave to the Court of Appeal and Application for Permission to Appeal to the Court of Final Appeal

  1. 1 whether permission to appeal to the Court of Final Appeal should be granted under s22(1) of the Court of Final Appeal Ordinance
  2. 2 whether the appeal was properly treated as automatically withdrawn for failure to comply with Court directions
  3. 3 whether the underlying judicial review application raised any arguable grounds or matters of public importance

Ratio Decidendi

Permission to appeal to the Court of Final Appeal was refused because the applicant failed to establish any matter of wide or public importance under s22(1), failed to comply with clear court directions (resulting in automatic withdrawal of the appeal), and the underlying judicial review had no reasonable prospect of success.

Court Disposition

Permission to appeal to the Court of Final Appeal refused; earlier appeal deemed withdrawn for failure to comply with directions.

Orders

  • Appeal was automatically withdrawn for failure to file the required skeleton arguments by the deadline ordered on 1 June 2018.
  • Permission to appeal to the Court of Final Appeal under s22(1) of the Court of Final Appeal Ordinance (Cap.484) is refused.