黃碩雄 對 袁煒林及另一人

黃碩雄 對 袁煒林及另一人

The court refused permission because the applicant's grounds and written submissions did not satisfy the statutory threshold under s22(1) — the appeal did not raise issues of sufficient general or public importance to merit determination by the Court of Final Appeal.

Source-derived case information.

Citation
[2018] HKCA 43
Parties
Appellant: 黃碩雄; First Respondent: 袁煒林; Second Respondent: 永興租賃汽車有限公司
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
26 January 2018
Case Number
CACV171/2016
Procedural Posture
Civil Appeal / Application for Leave to Appeal to the Court of Final Appeal (s22(1) Application)
Outcome
Application for leave to appeal to the Court of Final Appeal refused and the notice of motion struck out.
Legal Topics
Leave to Appeal, Public Importance, Permission to Appeal
Source Language
ch
Civil Procedure Appeal Jurisdiction Leave to Appeal Public Importance Permission to Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

黃碩雄

Appellant

袁煒林

First Respondent

永興租賃汽車有限公司

Second Respondent

Procedural Posture

Civil Appeal / Application for Leave to Appeal to the Court of Final Appeal (s22(1) Application)

Legal Issues

  1. 1 Whether the appeal raises an issue of general or public importance such that leave to appeal to the Court of Final Appeal should be granted under s22(1)
  2. 2 Whether the applicant's written grounds met the statutory threshold for permission to appeal

Ratio Decidendi

The court refused permission because the applicant's grounds and written submissions did not satisfy the statutory threshold under s22(1) — the appeal did not raise issues of sufficient general or public importance to merit determination by the Court of Final Appeal.

Court Disposition

Application for leave to appeal to the Court of Final Appeal refused and the notice of motion struck out.

Orders

  • Leave to appeal to the Court of Final Appeal refused
  • The applicant's notice of motion (application for leave) is revoked/struck out