楊嬡 對 聯旺集團控股有限公司及另一人

楊嬡 對 聯旺集團控股有限公司及另一人

The notice of motion for permission to appeal to the Court of Final Appeal was dismissed because section 63B of the District Court Ordinance bars appeals against Court of Appeal decisions on whether to grant leave, rendering the application legally baseless.

Source-derived case information.

Citation
[2024] HKCA 892
Parties
Plaintiff: 楊嬡; First Defendant: 聯旺集團控股有限公司; Second Defendant: 耀才證券國際（香港）有限公司
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
2 October 2024
Case Number
CAMP273/2023
Procedural Posture
Appeal / Application for Leave to Appeal to the Court of Final Appeal
Outcome
application dismissed; no order as to costs
Legal Topics
Leave to Appeal, Appealability of Permission Decisions, District Court Ordinance S63 B
Source Language
ch
Civil Procedure Appeal Jurisdiction Leave to Appeal Appealability of Permission Decisions District Court Ordinance S63 B

Source-derived case record

Summary, issues, holding and outcome

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Parties

楊嬡

Plaintiff

聯旺集團控股有限公司

First Defendant

耀才證券國際（香港）有限公司

Second Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether a Court of Appeal decision on whether to grant leave to appeal is itself appealable
  2. 2 Whether the applicant's notice of motion for leave to appeal to the Court of Final Appeal had any legal basis
  3. 3 Whether the court should dismiss the notice of motion and make any order as to costs

Ratio Decidendi

The notice of motion for permission to appeal to the Court of Final Appeal was dismissed because section 63B of the District Court Ordinance bars appeals against Court of Appeal decisions on whether to grant leave, rendering the application legally baseless.

Court Disposition

application dismissed; no order as to costs

Orders

  • Dismissed the applicant's notice of motion dated 3 July 2024 seeking permission to appeal to the Court of Final Appeal
  • No order as to costs