有關劉美施的事宜

有關劉美施的事宜

The application for leave to appeal was refused because the proposed grounds were factual or repetitive, did not raise any question of general or public importance under s22(1)(b), and the specific challenge to the indemnity deed was either not raised below or does not engage a novel legal point; the law does not...

Source-derived case information.

Citation
[2025] HKCA 282
Parties
Petitioner/respondent: The Hospital; Bankrupt/appellant: Lau Mei Sze Cinderella (劉美施)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
25 March 2025
Case Number
CACV344/2023
Procedural Posture
Civil Appeal (bankruptcy) / Application for Leave to Appeal to the Court of Final Appeal; Decision on Leave Application
Outcome
Application for leave to appeal to the Court of Final Appeal refused; Notice of Motion filed 27 January 2025 struck out.
Legal Topics
Annulment of Bankruptcy Order, Leave to Appeal to Court of Final Appeal Under S22(1)(b), Validity of Indemnity Deed, Costs
Source Language
ch
Bankruptcy Civil Procedure Appeals Annulment of Bankruptcy Order Leave to Appeal to Court of Final Appeal Under S22(1)(b) Validity of Indemnity Deed Costs

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Parties

The Hospital

Petitioner/respondent

Lau Mei Sze Cinderella (劉美施)

Bankrupt/appellant

Procedural Posture

Civil Appeal (bankruptcy) / Application for Leave to Appeal to the Court of Final Appeal; Decision on Leave Application

  1. 1 Whether the proposed appeal raises a question of general or public importance under s22(1)(b) of the Court of Final Appeal Ordinance
  2. 2 Whether the indemnity deed is legally invalid because only one party signed it
  3. 3 Whether the indemnity deed was procured by duress, misrepresentation or mistake

Ratio Decidendi

The application for leave to appeal was refused because the proposed grounds were factual or repetitive, did not raise any question of general or public importance under s22(1)(b), and the specific challenge to the indemnity deed was either not raised below or does not engage a novel legal point; the law does not require an indemnity deed to bear signatures of both indemnifier and indemnified party for validity in the circumstances.

Court Disposition

Application for leave to appeal to the Court of Final Appeal refused; Notice of Motion filed 27 January 2025 struck out.

Orders

  • Strike out the Notice of Motion filed 27 January 2025.
  • The bankrupt shall pay the petitioner’s costs of this application to be assessed on the party-and-party basis and to be paid out of the bankrupt’s estate.