陳淑仁 對 賴俊光及另一人

陳淑仁 對 賴俊光及另一人

Leave to appeal was refused because the applicant failed to identify any legal issue of great and general or public importance under s.22(1)(b) and the proposed grounds were merely repetitive factual complaints without arguable legal error; accordingly the application had no real prospect of success and was...

Source-derived case information.

Citation
[2024] HKCA 737
Parties
Plaintiff/applicant: 陳淑仁; Defendant: 賴俊光; Defendant: 陳烽
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
2 August 2024
Case Number
CAMP254/2023
Procedural Posture
Application for Leave to Appeal to the Court of Final Appeal / Leave to Appeal Application (refused)
Outcome
Application for leave to appeal to the Court of Final Appeal refused; notice of motion set aside; costs awarded to respondents to be summarily assessed.
Legal Topics
Leave to Appeal, Public Importance Criterion, Summary Assessment of Costs, Abuse of Appellate Process
Source Language
ch
Civil Procedure Appellate Procedure Costs Leave to Appeal Public Importance Criterion Summary Assessment of Costs Abuse of Appellate Process

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Parties

陳淑仁

Plaintiff/applicant

賴俊光

Defendant

陳烽

Defendant

Procedural Posture

Application for Leave to Appeal to the Court of Final Appeal / Leave to Appeal Application (refused)

  1. 1 Whether the applicant satisfied s.22(1)(b) of the Court of Final Appeal Ordinance by raising issues of great and general or public importance
  2. 2 Whether the proposed grounds of appeal disclosed any arguable legal error as distinct from dissatisfaction with factual findings
  3. 3 Whether costs should be awarded and assessed summarily

Ratio Decidendi

Leave to appeal was refused because the applicant failed to identify any legal issue of great and general or public importance under s.22(1)(b) and the proposed grounds were merely repetitive factual complaints without arguable legal error; accordingly the application had no real prospect of success and was dismissed, with costs to the respondents to be summarily assessed.

Court Disposition

Application for leave to appeal to the Court of Final Appeal refused; notice of motion set aside; costs awarded to respondents to be summarily assessed.

Orders

  • Leave to appeal to the Court of Final Appeal refused
  • The applicant's notice of motion is set aside