王 對 陳

王 對 陳

The Court revoked all 12 writs because the matters were either finally determined by the Court of Appeal on 21 March 2023 (precluding rehearing or further leave applications), were procedurally improper (direct appeals to the Court of Appeal without first applying to the judge below and lacking special urgency), and...

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
CAMP213/2022
Procedural Posture
CAMP (court of Appeal Miscellaneous Applications) – Permission to Appeal Applications Arising From Regional Court Matrimonial Proceedings / Interlocutory – Applications to Obtain Leave to Appeal, Costs Appeals and Request for Oral Rehearing
Outcome
All applications/writs filed by the respondent in CAMP 212, 213, 222 and 223/2022 were revoked/dismissed; costs awarded to the petitioner to be summarily assessed.
Legal Topics
Permission to Appeal, Oral Rehearing Requests, Jurisdictional Limits on Direct Appeals to Court of Appeal, Costs
Source Language
ch
Civil Procedure Appellate Procedure Family Law Permission to Appeal Oral Rehearing Requests Jurisdictional Limits on Direct Appeals to Court of Appeal Costs

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Parties

王

Petitioner

陳

Respondent

Procedural Posture

CAMP (court of Appeal Miscellaneous Applications) – Permission to Appeal Applications Arising From Regional Court Matrimonial Proceedings / Interlocutory – Applications to Obtain Leave to Appeal, Costs Appeals and Request for Oral Rehearing

Legal Issues

  1. 1 Whether the respondent could require an oral hearing to have the Court of Appeal reopen a decision made on written submissions under Order 59 r2A(7)
  2. 2 Whether the respondent could directly apply to the Court of Appeal for leave to appeal against specific regional court orders without first applying to the judge below
  3. 3 Whether the applications filed were wholly without merit such that an order under Order 59 r2A(8) should bar any oral rehearing

Ratio Decidendi

The Court revoked all 12 writs because the matters were either finally determined by the Court of Appeal on 21 March 2023 (precluding rehearing or further leave applications), were procedurally improper (direct appeals to the Court of Appeal without first applying to the judge below and lacking special urgency), and were wholly without merit such that an Order 59 r2A(8) prohibition on oral rehearing was appropriate; accordingly the respondent's writs were dismissed and costs were awarded to the petitioner to be summarily assessed.

Court Disposition

All applications/writs filed by the respondent in CAMP 212, 213, 222 and 223/2022 were revoked/dismissed; costs awarded to the petitioner to be summarily assessed.

Orders

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