鄭燕芳 對 青山醫院

鄭燕芳 對 青山醫院

The court refused leave because the appellant's proposed grounds did not raise any reasonably arguable issue of great and general or public importance, repeated the failed arguments before the Master and the judge, and the strike out was justified; procedural non‑compliance and absence of arguable points warranted...

Source-derived case information.

Citation
[2018] HKCA 743
Parties
Appellant: 鄭燕芳; Respondent: 青山醫院
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
26 October 2018
Case Number
CACV172/2016
Procedural Posture
Civil Appeal (leave to Appeal to Court of Final Appeal) / Leave Application After Appellate Dismissal and Strike Out Order
Outcome
Application for leave to appeal to the Court of Final Appeal refused.
Legal Topics
Leave to Appeal to CFA, Striking Out for No Reasonable Cause of Action, Abuse of Process, Procedural Non Compliance, Costs Assessment
Source Language
ch
Civil Procedure Appeal Costs Strike Out/abuse of Process Leave to Appeal to CFA Striking Out for No Reasonable Cause of Action Abuse of Process Procedural Non Compliance +1 more

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Parties

鄭燕芳

Appellant

青山醫院

Respondent

Procedural Posture

Civil Appeal (leave to Appeal to Court of Final Appeal) / Leave Application After Appellate Dismissal and Strike Out Order

  1. 1 Whether leave to appeal to the Court of Final Appeal should be granted under s22(1)(b) of Cap 484
  2. 2 Whether the appellant's claim was properly struck out as frivolous, vexatious or an abuse of process
  3. 3 Whether the appellant complied with procedural directions

Ratio Decidendi

The court refused leave because the appellant's proposed grounds did not raise any reasonably arguable issue of great and general or public importance, repeated the failed arguments before the Master and the judge, and the strike out was justified; procedural non‑compliance and absence of arguable points warranted refusal of leave and an order for costs.

Court Disposition

Application for leave to appeal to the Court of Final Appeal refused.

Orders

  • Application for leave refused.
  • Previous order dismissing/withdrawing the appeal is maintained.