梁志文 對 香港特別行政區政府

梁志文 對 香港特別行政區政府

The judge held that the impugned order was clearly an interlocutory (non-final) order and, under s14AA of the High Court Ordinance and authority, leave to appeal was a precondition to bringing the appeal; because the appellant had not obtained leave, the appeal notice filed on 22 March 2021 should be struck out...

Source-derived case information.

Citation
[2021] HKCA 683
Parties
Appellant: 梁志文; Respondent: 香港特別行政區政府
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
10 May 2021
Case Number
CACV115/2021
Procedural Posture
Civil Appeal / Leave to Appeal Pending; Interlocutory Appeal Notice Filed
Outcome
Appeal notice to be struck out unless appellant files an application for leave to appeal in the court below by 31 May 2021; appeal proceedings stayed until leave obtained.
Legal Topics
Leave to Appeal Under S14 AA, Striking Out Appeal Notice, Civil Claim for Damages Arising From Conviction
Source Language
ch
Civil Procedure Criminal Law Leave to Appeal Under S14 AA Striking Out Appeal Notice Civil Claim for Damages Arising From Conviction

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

梁志文

Appellant

香港特別行政區政府

Respondent

Procedural Posture

Civil Appeal / Leave to Appeal Pending; Interlocutory Appeal Notice Filed

Legal Issues

  1. 1 Whether the order of the court below was a non-final (interlocutory) order requiring leave to appeal under s14AA of the High Court Ordinance
  2. 2 Whether the appellant's appeal notice should be struck out for failure to obtain leave to appeal
  3. 3 Whether the merits of the underlying civil claim affect the requirement for leave

Ratio Decidendi

The judge held that the impugned order was clearly an interlocutory (non-final) order and, under s14AA of the High Court Ordinance and authority, leave to appeal was a precondition to bringing the appeal; because the appellant had not obtained leave, the appeal notice filed on 22 March 2021 should be struck out unless the appellant obtains leave by the specified deadline; all proceedings in the appeal are stayed until leave is obtained.

Court Disposition

Appeal notice to be struck out unless appellant files an application for leave to appeal in the court below by 31 May 2021; appeal proceedings stayed until leave obtained.

Orders

  • Unless the appellant files in the court of first instance a summons applying for leave to appeal by 31 May 2021, the appeal notice filed on 22 March 2021 shall be struck out
  • All proceedings in CACV 115/2021 are stayed until the appellant obtains leave to appeal