李美 對 地政總署署長

李美 對 地政總署署長

The 26 April 2018 refusal of leave to appeal was a final decision under s14AB and s11AB; Order 59 r2C applies only to single‑judge decisions and is inapplicable; the 13 June 2018 summonses sought to relitigate the final decision and constituted an abuse of process; the summons applications were dismissed and the...

Source-derived case information.

Citation
[2018] HKCA 493
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
10 August 2018
Case Number
CAMP6/2018
Procedural Posture
Appeal / Leave to Appeal Application and Post Judgment Procedural Application / Application to Reconsider/extend Time and to Set Aside Prior Orders (procedural Summonses)
Outcome
Applications (CAMP 5/2018 and CAMP 6/2018) dismissed as abuse of process; earlier 26 April 2018 decision remains final; costs awarded against applicants
Legal Topics
Permission to Appeal, Finality of Judgment, Reconsideration, Abuse of Process, Extension of Time, Costs
Source Language
ch
Civil Procedure Administrative Law Land Law Permission to Appeal Finality of Judgment Reconsideration Abuse of Process Extension of Time +1 more

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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

Appeal / Leave to Appeal Application and Post Judgment Procedural Application / Application to Reconsider/extend Time and to Set Aside Prior Orders (procedural Summonses)

Legal Issues

  1. 1 Whether the Court of Appeal should reconsider its 26 April 2018 decision under Order 59 r2C
  2. 2 Whether the 26 April 2018 decision was final under s14AB High Court Ordinance and s11AB Lands Tribunal Ordinance
  3. 3 Whether Order 59 r2C applies to multi‑judge decisions

Ratio Decidendi

The 26 April 2018 refusal of leave to appeal was a final decision under s14AB and s11AB; Order 59 r2C applies only to single‑judge decisions and is inapplicable; the 13 June 2018 summonses sought to relitigate the final decision and constituted an abuse of process; the summons applications were dismissed and the applicants ordered to pay costs of HKD 16,650 each for their respective summonses; registry empowered to have any further similar issued summonses in these two matters cancelled.

Court Disposition

Applications (CAMP 5/2018 and CAMP 6/2018) dismissed as abuse of process; earlier 26 April 2018 decision remains final; costs awarded against applicants

Orders

  • The 13 June 2018 summons applications in CAMP 5/2018 and CAMP 6/2018 are dismissed as an abuse of process.
  • Each applicant to pay the respondent's costs of their respective summons: CAMP 5/2018 costs fixed at HKD 16,650 payable by 陳銳珍; CAMP 6/2018 costs fixed at HKD 16,650 payable by 李美.