陳銳珍 對 地政總署署長

陳銳珍 對 地政總署署長

The 26 April 2018 refusal of leave was a final decision under the statutory provisions; Order 59 rule 2C applies only to single-judge decisions and is inapplicable; the applicants' 13 June applications were an abuse of process and are dismissed; applicants are ordered to pay the respondent's costs and the registry...

Source-derived case information.

Citation
[2018] HKCA 493
Parties
Applicant: 陳銳珍; Applicant: 李美; Respondent: Director of Lands, Hong Kong Special Administrative Region
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
10 August 2018
Case Number
CAMP5/2018
Procedural Posture
Post Decision Procedural Applications (reconsideration/extension/set Aside and Related Interlocutory Relief) / Post Judgment Procedural Application Following Refusal of Leave to Appeal
Outcome
Applications dismissed as an abuse of process; applicants ordered to pay costs; registry empowered to cancel future subpoenas in the two CAMP matters.
Legal Topics
Leave to Appeal, Reconsideration, Extension of Time, Abuse of Process, Summary Judgment, Costs, Finality of Judgment
Source Language
ch
Land Law Civil Procedure Administrative Law Leave to Appeal Reconsideration Extension of Time Abuse of Process Summary Judgment +2 more

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Parties

陳銳珍

Applicant

李美

Applicant

Director of Lands, Hong Kong Special Administrative Region

Respondent

Procedural Posture

Post Decision Procedural Applications (reconsideration/extension/set Aside and Related Interlocutory Relief) / Post Judgment Procedural Application Following Refusal of Leave to Appeal

Legal Issues

  1. 1 Whether Order 59 rule 2C applies to allow reconsideration of a two-judge decision
  2. 2 Whether the 26 April 2018 refusal of leave to appeal was made without a hearing
  3. 3 Whether the 13 June 2018 subpoenas/applications constitute an abuse of process

Ratio Decidendi

The 26 April 2018 refusal of leave was a final decision under the statutory provisions; Order 59 rule 2C applies only to single-judge decisions and is inapplicable; the applicants' 13 June applications were an abuse of process and are dismissed; applicants are ordered to pay the respondent's costs and the registry is empowered to cancel further subpoenas to prevent repetitive vexatious filings.

Court Disposition

Applications dismissed as an abuse of process; applicants ordered to pay costs; registry empowered to cancel future subpoenas in the two CAMP matters.

Orders

  • The 13 June 2018 applications (CAMP 5/2018 and CAMP 6/2018) are dismissed as an abuse of process.
  • Each applicant is ordered to pay the respondent's costs for their respective subpoena application: HK$16,650 for CAMP 5/2018 payable by 陳銳珍.