莊裕安 對 關淑馨及另二人

莊裕安 對 關淑馨及另二人

Leave to appeal was refused because the applicant's grounds lacked a reasonable prospect of success and there were no other interests of justice warranting a hearing: the facts and law were clear, the claim was plainly inconsistent with Basic Law Article 85, there was no arguable basis to join the Judiciary or to...

Source-derived case information.

Citation
[2019] HKDC 330
Parties
Applicant: 莊裕安; First Respondent: 關淑馨; Second Respondent: 潘兆初; Third Respondent: 歐陽桂如
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 March 2019
Case Number
DCEO13/2018
Procedural Posture
Equal Opportunities Litigation / Leave to Appeal Application (permission Denied)
Outcome
Leave to appeal refused; no order as to costs of the leave application
Legal Topics
Leave to Appeal, Case Management, Judicial Immunity, Amicus Curiae, Strike Out, Civil Restraint/restriction Order
Source Language
ch
Civil Procedure Administrative Law Constitutional Law Discrimination Law Leave to Appeal Case Management Judicial Immunity Amicus Curiae +2 more

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Parties

莊裕安

Applicant

關淑馨

First Respondent

潘兆初

Second Respondent

歐陽桂如

Third Respondent

Procedural Posture

Equal Opportunities Litigation / Leave to Appeal Application (permission Denied)

  1. 1 Whether leave to appeal should be granted
  2. 2 Whether the claimant's proceedings conflict with Basic Law Article 85 (judicial immunity)
  3. 3 Whether appointment of an amicus curiae was necessary

Ratio Decidendi

Leave to appeal was refused because the applicant's grounds lacked a reasonable prospect of success and there were no other interests of justice warranting a hearing: the facts and law were clear, the claim was plainly inconsistent with Basic Law Article 85, there was no arguable basis to join the Judiciary or to appoint an amicus, and the trial judge's case management decisions were proper, so permission to appeal was denied and no order as to costs was made.

Court Disposition

Leave to appeal refused; no order as to costs of the leave application

Orders

  • Dismissal of application for appointment of amicus curiae (dated 21 December 2018)
  • Granting of respondents' strike out/removal of claim application (dated 21 December 2018)