陳銳珍 對 地政總署署長

陳銳珍 對 地政總署署長

Sections 14AB of the High Court Ordinance and 11AB of the Lands Tribunal Ordinance render refusals of leave final so the Court of Appeal has no power to grant leave to appeal to the Court of Final Appeal; the notices of motion were struck out as an abuse of process and costs were awarded against the applicants.

Source-derived case information.

Citation
[2018] HKCA 909
Parties
Applicant: 陳銳珍; Applicant: 李美; Respondent: 地政總署署長（香港特別行政區）
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
3 December 2018
Case Number
CAMP5/2018
Procedural Posture
Application for Leave to Appeal to the Court of Final Appeal / Decision on Notices of Motion Filed to Obtain Leave to Appeal
Outcome
Notices of motion dismissed and struck out; applicants ordered to pay respondent's costs
Legal Topics
Leave to Appeal, Finality of Decisions, Abuse of Process, Costs
Source Language
ch
Civil Procedure Administrative Law Appeal Leave to Appeal Finality of Decisions Abuse of Process Costs

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Parties

陳銳珍

Applicant

李美

Applicant

地政總署署長（香港特別行政區）

Respondent

Procedural Posture

Application for Leave to Appeal to the Court of Final Appeal / Decision on Notices of Motion Filed to Obtain Leave to Appeal

Legal Issues

  1. 1 Whether the Court of Appeal has power to grant leave to appeal to the Court of Final Appeal after a panel has refused leave under section 14AB of the High Court Ordinance and section 11AB of the Lands Tribunal Ordinance
  2. 2 Whether the applicants' notices of motion constituted an abuse of process
  3. 3 Whether costs should be awarded and the quantum

Ratio Decidendi

Sections 14AB of the High Court Ordinance and 11AB of the Lands Tribunal Ordinance render refusals of leave final so the Court of Appeal has no power to grant leave to appeal to the Court of Final Appeal; the notices of motion were struck out as an abuse of process and costs were awarded against the applicants.

Court Disposition

Notices of motion dismissed and struck out; applicants ordered to pay respondent's costs

Orders

  • The notices of motion filed on 4 September 2018 in CAMP 5/2018 and CAMP 6/2018 are struck out.
  • The applicants are each ordered to pay the respondent's costs of the respective notices of motion.