蔡 對 蔡

蔡 對 蔡

Section 63B of the District Court Ordinance prohibits any appeal against the Court of Appeal's decision on whether to grant permission to appeal; therefore the application to permit an appeal to the Court of Final Appeal was legally barred and is dismissed.

Source-derived case information.

Citation
[2018] HKCA 993
Parties
Applicant: 蔡; Respondent: 蔡
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
19 December 2018
Case Number
CAMP129/2018
Procedural Posture
Civil Jurisdiction / Application for Permission to Appeal to the Court of Final Appeal After Court of Appeal Refused Leave
Outcome
Application dismissed as legally baseless; permission to appeal to the Court of Final Appeal refused.
Legal Topics
Leave to Appeal, Finality of Appellate Permission, Statutory Bar to Appeal, Costs
Source Language
ch
Civil Procedure Appeals Jurisdiction Leave to Appeal Finality of Appellate Permission Statutory Bar to Appeal Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

蔡

Applicant

蔡

Respondent

Procedural Posture

Civil Jurisdiction / Application for Permission to Appeal to the Court of Final Appeal After Court of Appeal Refused Leave

Legal Issues

  1. 1 Whether an application for leave to appeal to the Court of Final Appeal lies from a Court of Appeal decision refusing permission to appeal
  2. 2 Whether s.63B of the District Court Ordinance bars any further appeal against the Court of Appeal's decision on permission to appeal
  3. 3 Whether the application had any legal basis and whether costs should be ordered

Ratio Decidendi

Section 63B of the District Court Ordinance prohibits any appeal against the Court of Appeal's decision on whether to grant permission to appeal; therefore the application to permit an appeal to the Court of Final Appeal was legally barred and is dismissed.

Court Disposition

Application dismissed as legally baseless; permission to appeal to the Court of Final Appeal refused.

Orders

  • Application dismissed.
  • No order as to costs.