王 對 陳

王 對 陳

The Court refused leave on all four summonses because the respondent failed to identify any legal, factual or discretionary errors by the three judges, most applications were grossly out of time without satisfactory explanation, the asserted grounds were incoherent and lacked any real prospect of success, and the...

Source-derived case information.

Citation
[2023] HKCA 372
Parties
Applicant: 王; Respondent: 陳
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
21 March 2023
Case Number
CAMP213/2022
Procedural Posture
Family Law — Divorce and Child Custody / Application for Leave to Appeal to the Court of Appeal (four Summonses for Leave)
Outcome
All four applications for leave to appeal refused; summonses dismissed; respondent ordered to pay applicant's costs; costs to be assessed on papers; no oral hearing permitted to seek reconsideration.
Legal Topics
Leave to Appeal, Child Custody, Interim Orders, Case Management, Delay/limitation, Pro Se Litigant
Source Language
ch
Family Law Civil Procedure Appeals Leave to Appeal Child Custody Interim Orders Case Management Delay/limitation +1 more

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 4 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Applicant

Respondent

Procedural Posture

Family Law — Divorce and Child Custody / Application for Leave to Appeal to the Court of Appeal (four Summonses for Leave)

  1. 1 Whether leave to appeal should be granted against interim and final family court orders
  2. 2 Whether the applications were lodged within the statutory/appropriate time or a satisfactory explanation for delay was given
  3. 3 Whether the proposed appeals raised arguable grounds or a real prospect of success

Ratio Decidendi

The Court refused leave on all four summonses because the respondent failed to identify any legal, factual or discretionary errors by the three judges, most applications were grossly out of time without satisfactory explanation, the asserted grounds were incoherent and lacked any real prospect of success, and the interim/case-management orders had been overtaken by the final judgment; accordingly leave was refused and costs were ordered, with assessment by paper procedure and no oral hearing permitted under Order 59A(8).

Court Disposition

All four applications for leave to appeal refused; summonses dismissed; respondent ordered to pay applicant's costs; costs to be assessed on papers; no oral hearing permitted to seek reconsideration.

Orders

  • Refuse and dismiss the four summonses for leave to appeal
  • Order the respondent to pay the applicant's costs