陳麗梅 對 社會福利署署長

陳麗梅 對 社會福利署署長

The Court held that the appellant must obtain leave before prosecuting a non-hearing appeal; accordingly the appeal was stayed and conditional orders were made that the appeal would be automatically dismissed if the appellant did not apply for leave in the Court of First Instance by the specified deadline, with...

Source-derived case information.

Citation
[2021] HKCA 357
Parties
Appellant: 陳麗梅; Respondent: 社會福利署署長
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
23 March 2021
Case Number
CACV22/2021
Procedural Posture
Civil Appeal / Leave to Appeal Application
Outcome
Appeal stayed pending the appellant obtaining leave; appeal to be automatically dismissed if leave is not sought in the Court of First Instance by the deadline; costs payable by appellant; no filings permitted in the appeal before leave is granted.
Legal Topics
Leave to Appeal, Non Hearing Appeal, Case Management Directions, Costs, Procedural Stay
Source Language
ch
Civil Procedure Appeals Leave to Appeal Non Hearing Appeal Case Management Directions Costs Procedural Stay

Source-derived case record

Summary, issues, holding and outcome

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Parties

陳麗梅

Appellant

社會福利署署長

Respondent

Procedural Posture

Civil Appeal / Leave to Appeal Application

Legal Issues

  1. 1 Whether a non-hearing appeal may be brought without prior leave
  2. 2 Whether the appellant's out-of-time appeal should be condoned
  3. 3 Whether the appeal should be stayed or dismissed pending grant of leave

Ratio Decidendi

The Court held that the appellant must obtain leave before prosecuting a non-hearing appeal; accordingly the appeal was stayed and conditional orders were made that the appeal would be automatically dismissed if the appellant did not apply for leave in the Court of First Instance by the specified deadline, with costs payable to the respondent and a prohibition on filing in the appeal until leave is granted.

Court Disposition

Appeal stayed pending the appellant obtaining leave; appeal to be automatically dismissed if leave is not sought in the Court of First Instance by the deadline; costs payable by appellant; no filings permitted in the appeal before leave is granted.

Orders

  • Unless the appellant applies to the Court of First Instance for permission to appeal by 30 March 2021 at 4:00 pm, this appeal will be automatically dismissed thereafter and the appellant must pay the respondent's costs to be assessed by the Master.
  • The appeal is stayed until the appellant obtains permission to appeal; if the appellant's application for permission is refused the appeal will be automatically dismissed.