陳金泉 對 周淑娟及另二人

陳金泉 對 周淑娟及另二人

The Court of Appeal held that the appellant filed the notice of appeal in the wrong forum contrary to High Court Rules Order 58 r1 and therefore the notice of appeal must be struck out and the appeal dismissed.

Source-derived case information.

Citation
[2020] HKCA 841
Parties
Appellant: 陳金泉; First Defendant: 周淑娟; Second Defendant: 高等法院; Third Defendant: 行政長官鄭月娥
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
23 October 2020
Case Number
CACV310/2020
Procedural Posture
Civil Appeal / Preliminary Procedural Determination (jurisdiction and Striking Out)
Outcome
Notice of appeal struck out and appeal dismissed
Legal Topics
Appeal Jurisdiction, Striking Out, Removal of Court Documents, High Court Rules (order 58, Order 59)
Source Language
ch
Civil Procedure Administrative Law Appeal Jurisdiction Striking Out Removal of Court Documents High Court Rules (order 58, Order 59)

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Parties

陳金泉

Appellant

周淑娟

First Defendant

高等法院

Second Defendant

行政長官鄭月娥

Third Defendant

Procedural Posture

Civil Appeal / Preliminary Procedural Determination (jurisdiction and Striking Out)

  1. 1 Whether the notice of appeal was filed in the correct forum under High Court Rules Order 58 r1
  2. 2 Whether the appellant's notice of appeal should be struck out for non-compliance with procedural rules
  3. 3 Whether the master was wrong to remove Form 16D and to strike out the summons and statement of claim as frivolous/abusive

Ratio Decidendi

The Court of Appeal held that the appellant filed the notice of appeal in the wrong forum contrary to High Court Rules Order 58 r1 and therefore the notice of appeal must be struck out and the appeal dismissed.

Court Disposition

Notice of appeal struck out and appeal dismissed

Orders

  • The notice of appeal filed 28 July 2020 is struck out and the appeal is dismissed
  • No order as to costs