黃 對 林

黃 對 林

Leave to appeal was refused because the applicant failed to identify any issue of great and general or public importance or any other extremely unusual reason to attract the Court of Final Appeal's jurisdiction, had no real prospect of success on the merits, was procedurally non-compliant in failing to file written...

Source-derived case information.

Citation
[2023] HKCA 551
Parties
Applicant: 黃; Respondent: 林
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
19 April 2023
Case Number
CAMP2/2023
Procedural Posture
Application for Leave to Appeal to the Court of Final Appeal / Leave Application Following Refusal of Stay of Execution
Outcome
Permission to appeal to the Court of Final Appeal refused.
Legal Topics
Leave to Appeal, Stay of Execution, Ancillary Relief (matrimonial Property), Costs Assessment, Statutory Bar to Appeal
Source Language
ch
Family Law Civil Procedure Appeals Enforcement/stay of Execution Leave to Appeal Stay of Execution Ancillary Relief (matrimonial Property) Costs Assessment +1 more

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Parties

Applicant

Respondent

Procedural Posture

Application for Leave to Appeal to the Court of Final Appeal / Leave Application Following Refusal of Stay of Execution

  1. 1 Whether permission to appeal to the Court of Final Appeal should be granted under s22(1)(b) of the Court of Final Appeal Ordinance
  2. 2 Whether an urgent stay of execution should be granted to prevent auction of properties
  3. 3 Whether the proposed appeal raises issues of great and general or public importance or other exceptional reasons

Ratio Decidendi

Leave to appeal was refused because the applicant failed to identify any issue of great and general or public importance or any other extremely unusual reason to attract the Court of Final Appeal's jurisdiction, had no real prospect of success on the merits, was procedurally non-compliant in failing to file written submissions, and was barred from appealing the substantive orders, thereby rendering the application futile.

Court Disposition

Permission to appeal to the Court of Final Appeal refused.

Orders

  • Permission to appeal refused.
  • Applicant ordered to pay respondent's costs including counsel's certificate and respondent's own costs to be assessed under the Legal Aid Rules.