謝瑛明 對 社會福利署署長 (梁松泰)及另十人

謝瑛明 對 社會福利署署長 (梁松泰)及另十人

The Court refused permission to appeal to the Court of Final Appeal and declined to extend time because the applicant's application was overdue by five days without satisfactory explanation, the applicant failed to comply with mandatory directions and did not file any substantive or specific grounds showing a real...

Source-derived case information.

Citation
[2022] HKCA 868
Parties
Applicant: 謝瑛明; Proposed Respondent: 社會福利署署長 (梁松泰); Proposed Respondent: 羅翠微; Proposed Respondent: 徐寶珠; Proposed Respondent: 陳宗偉; Proposed Respondent: 黃子樑; Proposed Respondent: 鄧廣志; Proposed Respondent: 盧秀婷; Proposed Respondent: 曾昭英; Proposed Respondent: 監護委員會主席; Proposed Respondent: 監護委員會C組成員; Proposed Respondent: 監護委員會B組成員
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
17 June 2022
Case Number
CACV148/2020
Procedural Posture
Application for Permission to Appeal to the Court of Final Appeal (motion Following Refusal of Leave at Cfi) / Leave to Appeal Application; Motion and Summons to Extend Time and for Permission to Appeal Refused by CA
Outcome
Application for permission to appeal to the Court of Final Appeal refused; related motion and summons dismissed and revoked
Legal Topics
Judicial Review, Leave to Appeal to CFA, Extension of Time, Costs, New Evidence, Procedural Compliance
Source Language
ch
Administrative Law Civil Procedure Appellate Law Judicial Review Leave to Appeal to CFA Extension of Time Costs New Evidence +1 more

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Parties

謝瑛明

Applicant

社會福利署署長 (梁松泰)

Proposed Respondent

羅翠微

Proposed Respondent

徐寶珠

Proposed Respondent

陳宗偉

Proposed Respondent

黃子樑

Proposed Respondent

鄧廣志

Proposed Respondent

盧秀婷

Proposed Respondent

曾昭英

Proposed Respondent

監護委員會主席

Proposed Respondent

監護委員會C組成員

Proposed Respondent

監護委員會B組成員

Proposed Respondent

Procedural Posture

Application for Permission to Appeal to the Court of Final Appeal (motion Following Refusal of Leave at Cfi) / Leave to Appeal Application; Motion and Summons to Extend Time and for Permission to Appeal Refused by CA

Legal Issues

  1. 1 Whether to grant permission to appeal to the Court of Final Appeal
  2. 2 Whether to extend the 28‑day time limit for filing a notice for leave to appeal
  3. 3 Whether the proposed grounds raise issues of general or public importance under Cap 484 s22(1)(b)

Ratio Decidendi

The Court refused permission to appeal to the Court of Final Appeal and declined to extend time because the applicant's application was overdue by five days without satisfactory explanation, the applicant failed to comply with mandatory directions and did not file any substantive or specific grounds showing a real prospect of success or an issue of public importance under Cap 484 s22(1)(b); accordingly the application and summons were dismissed and treated as abandoned where applicable.

Court Disposition

Application for permission to appeal to the Court of Final Appeal refused; related motion and summons dismissed and revoked

Orders

  • Permission to appeal to the Court of Final Appeal refused
  • The motion filed 4 January 2022 is revoked and dismissed