謝瑛明 對 趙宗義及另一人

謝瑛明 對 趙宗義及另一人

Because the appellant failed to obtain the statutory leave required by High Court Ordinance s14AA and did not demonstrate special circumstances excusing the statutory route or apply for leave, the appeal notice filed on 13 September 2021 was struck out; no costs order was made in respect of that filing.

Source-derived case information.

Citation
[2022] HKCA 809
Parties
Applicant: 謝瑛明; Proposed Respondent: 趙宗義; Proposed Respondent: 羅翠微
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
17 June 2022
Case Number
CACV435/2021
Procedural Posture
Civil Appeal / Appeal Filed Without Statutory Leave; Appeal Struck Out by Appellate Court
Outcome
Appeal notice struck out for failure to obtain required leave under s14AA; no order as to costs.
Legal Topics
Leave to Appeal, Statutory Appeal Permission, Striking Out for Non Compliance, Public Access to Proceedings
Source Language
ch
Civil Procedure Administrative Law Guardianship Appeals Leave to Appeal Statutory Appeal Permission Striking Out for Non Compliance Public Access to Proceedings

Source-derived case record

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Parties

謝瑛明

Applicant

趙宗義

Proposed Respondent

羅翠微

Proposed Respondent

Procedural Posture

Civil Appeal / Appeal Filed Without Statutory Leave; Appeal Struck Out by Appellate Court

  1. 1 Whether leave under High Court Ordinance (Cap.4A) s14AA is required for appeals from non‑trial decisions
  2. 2 Whether appellant may bypass seeking leave from the lower court and proceed directly to the Court of Appeal
  3. 3 Whether the appeal notice filed without leave should be struck out

Ratio Decidendi

Because the appellant failed to obtain the statutory leave required by High Court Ordinance s14AA and did not demonstrate special circumstances excusing the statutory route or apply for leave, the appeal notice filed on 13 September 2021 was struck out; no costs order was made in respect of that filing.

Court Disposition

Appeal notice struck out for failure to obtain required leave under s14AA; no order as to costs.

Orders

  • Strike out the appeal notice dated 13 September 2021 filed without leave
  • No order as to costs