梅冬庭 對 香港社會福利署

梅冬庭 對 香港社會福利署

Permission to appeal to the Court of Final Appeal was refused because the application did not raise any issue of wide public or general importance nor any other sufficient reason under Cap.484 s.22(1), and the application constituted an abuse of process as it was a third attempt to relitigate matters already finally...

Source-derived case information.

Citation
[2021] HKCA 940
Parties
Applicant: 梅冬庭; Respondent: 香港社會福利署
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
5 July 2021
Case Number
CACV27/2021
Procedural Posture
Civil Appeal (judicial Review) / Application for Leave to Appeal to the Court of Final Appeal After Court of Appeal Judgment
Outcome
Application for leave to appeal to the Court of Final Appeal refused.
Legal Topics
Leave to Appeal, Abuse of Process, Document Disclosure, Res Judicata
Source Language
ch
Administrative Law Judicial Review Civil Procedure Leave to Appeal Abuse of Process Document Disclosure Res Judicata

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Parties

梅冬庭

Applicant

香港社會福利署

Respondent

Procedural Posture

Civil Appeal (judicial Review) / Application for Leave to Appeal to the Court of Final Appeal After Court of Appeal Judgment

  1. 1 Whether the appeal raises issues of wide public or general importance warranting permission to appeal to the Court of Final Appeal
  2. 2 Whether the present application is an abuse of process because it repeats matters already litigated in earlier judicial review proceedings
  3. 3 Whether an application for leave to appeal permits fresh disclosure or sworn verification of documents at leave stage

Ratio Decidendi

Permission to appeal to the Court of Final Appeal was refused because the application did not raise any issue of wide public or general importance nor any other sufficient reason under Cap.484 s.22(1), and the application constituted an abuse of process as it was a third attempt to relitigate matters already finally considered in earlier judicial review proceedings; requests for disclosure and sworn verification were inappropriate at the leave stage.

Court Disposition

Application for leave to appeal to the Court of Final Appeal refused.

Orders

  • Leave to appeal to the Court of Final Appeal refused.
  • No order as to costs.