李美 對 地政總署署長

李美 對 地政總署署長

Because s14AB of the High Court Ordinance and s11AB of the Lands Tribunal Ordinance render refusals of leave final and preclude further appeal to the Court of Final Appeal, the Court of Appeal had no power to grant the applicants leave to appeal; accordingly the motions filed 4 September 2018 were struck out and...

Source-derived case information.

Citation
[2018] HKCA 909
Parties
Applicant: 陳銳珍; Applicant: 李美; Respondent: 地政總署署長
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
3 December 2018
Case Number
CAMP6/2018
Procedural Posture
Application for Leave to Appeal to the Court of Final Appeal / Motion Filed in Court of Appeal to Grant Leave Following Refusal of Leave by Court of Appeal
Outcome
Motions dismissed and struck out; applicants ordered to pay costs to respondent
Legal Topics
Leave to Appeal, Finality of Statutory Refusal, Abuse of Process, Costs
Source Language
ch
Administrative Law Property Law Civil Procedure Leave to Appeal Finality of Statutory Refusal Abuse of Process Costs

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Parties

陳銳珍

Applicant

李美

Applicant

地政總署署長

Respondent

Procedural Posture

Application for Leave to Appeal to the Court of Final Appeal / Motion Filed in Court of Appeal to Grant Leave Following Refusal of Leave by Court of Appeal

Legal Issues

  1. 1 Whether the Court of Appeal has power to grant leave to appeal to the Court of Final Appeal where statutory provisions make refusal of leave final
  2. 2 Whether the applicants' motions filed 4 September 2018 could re-open or circumvent the statutory finality
  3. 3 Whether earlier proceedings to set aside the 26 April 2018 decision by writ constituted abuse of process

Ratio Decidendi

Because s14AB of the High Court Ordinance and s11AB of the Lands Tribunal Ordinance render refusals of leave final and preclude further appeal to the Court of Final Appeal, the Court of Appeal had no power to grant the applicants leave to appeal; accordingly the motions filed 4 September 2018 were struck out and dismissed and costs awarded to the respondent.

Court Disposition

Motions dismissed and struck out; applicants ordered to pay costs to respondent

Orders

  • Motions filed 4 September 2018 in CAMP 5/2018 and CAMP 6/2018 seeking leave to appeal to the Court of Final Appeal are dismissed and struck out
  • Each applicant to pay the respondent's costs of the respective motion: HK$15,000 each