王 對 陳

王 對 陳

The Court dismissed all twelve summonses because the Court of Appeal's earlier March 21, 2023 decision was final and the present applications were completely lacking in merit; Order 59A(8) barred any request for oral rehearing; the respondent failed to seek leave from the judge first and adduced no special or urgent...

Source-derived case information.

Citation
[2023] HKCA 1298
Parties
Petitioner: 王; Respondent: 陳
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
24 November 2023
Case Number
CAMP223/2022
Procedural Posture
High Court Court of Appeal — Miscellaneous Applications (permission to Appeal Applications) / Interlocutory Applications to Reopen/reconsider, Leave to Appeal Applications and Costs Applications
Outcome
All twelve summonses filed by the respondent in CAMP 212, 213, 222 and 223/2022 are revoked/dismissed; costs awarded to the petitioner to be assessed by summary procedure; prohibition on oral rehearing in respect of these applications ordered under Order 59A(8).
Legal Topics
Leave to Appeal, Permission to Appeal, Oral Rehearing Under Order 59 a, Procedural Bar and Finality, Costs Assessment
Source Language
ch
Family Law Civil Procedure Appeals Costs Leave to Appeal Permission to Appeal Oral Rehearing Under Order 59 a Procedural Bar and Finality +1 more

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Parties

王

Petitioner

陳

Respondent

Procedural Posture

High Court Court of Appeal — Miscellaneous Applications (permission to Appeal Applications) / Interlocutory Applications to Reopen/reconsider, Leave to Appeal Applications and Costs Applications

Legal Issues

  1. 1 Whether the respondent could require an oral rehearing under Order 59A(7) after the Court had made an Order under Order 59A(8) prohibiting such rehearing
  2. 2 Whether the respondent could apply directly to the Court of Appeal for leave to appeal against the District Court judge's orders without first applying to that judge
  3. 3 Whether the applications were frivolous or completely without merit

Ratio Decidendi

The Court dismissed all twelve summonses because the Court of Appeal's earlier March 21, 2023 decision was final and the present applications were completely lacking in merit; Order 59A(8) barred any request for oral rehearing; the respondent failed to seek leave from the judge first and adduced no special or urgent circumstances to justify direct application to the Court of Appeal; accordingly the applications were revoked and costs awarded to the petitioner to be assessed summarily.

Court Disposition

All twelve summonses filed by the respondent in CAMP 212, 213, 222 and 223/2022 are revoked/dismissed; costs awarded to the petitioner to be assessed by summary procedure; prohibition on oral rehearing in respect of these applications ordered under Order 59A(8).

Orders

  • Revoke the respondent's leave to appeal summonses filed on 21 March 2023 in CAMP 212, 213, 222 and 223/2022.
  • Revoke the respondent's costs appeal summonses filed on 21 March 2023 in CAMP 212, 213, 222 and 223/2022.