陳及另一人 對 /

陳及另一人 對 /

The application for permission to appeal was dismissed because the Regional Court was not the proper forum for a further application after refusal; the applicant was required by r.58(2)(4A) to seek further leave from the Court of Appeal within 14 days and therefore the Regional Court struck out the 14/11/2018...

Source-derived case information.

Citation
[2018] HKFC 204
Parties
Applicant: 陳 (mother); Applicant: 陳 (daughter)
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
16 November 2018
Case Number
FCMP192/2018
Procedural Posture
Family Miscellaneous Proceedings / Application for Permission to Appeal
Outcome
The application for permission to appeal dated 14/11/2018 is dismissed/struck out; no order as to costs.
Legal Topics
Permission to Appeal, Procedural Requirements, Forum Non Conveniens for Leave Applications, Case Management
Source Language
ch
Family Law Civil Procedure Appeals Permission to Appeal Procedural Requirements Forum Non Conveniens for Leave Applications Case Management

Source-derived case record

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Parties

陳 (mother)

Applicant

陳 (daughter)

Applicant

Procedural Posture

Family Miscellaneous Proceedings / Application for Permission to Appeal

  1. 1 Whether the Regional Court should grant permission to appeal against the judge's refusal dated 29/10/2018
  2. 2 Whether the applicant must apply to the Court of Appeal for further leave under the Regional Court Rules r.58(2)(4A)
  3. 3 Whether the application should be adjourned pending the outcome of related proceedings (CAMP 145/2018)

Ratio Decidendi

The application for permission to appeal was dismissed because the Regional Court was not the proper forum for a further application after refusal; the applicant was required by r.58(2)(4A) to seek further leave from the Court of Appeal within 14 days and therefore the Regional Court struck out the 14/11/2018 application.

Court Disposition

The application for permission to appeal dated 14/11/2018 is dismissed/struck out; no order as to costs.

Orders

  • Dismissed/struck out the mother's 14/11/2018 application for permission to appeal
  • No order as to costs