CHAN HO YIN v. THE HOSPITAL AUTHORITY AND OTHERS
The Appeal Committee dismissed the applications for leave because the applicant failed to demonstrate any grounds or arguments sufficient to persuade the Committee that the matter should proceed to the Court of Final Appeal; the statutory and procedural threshold for granting leave was not met.
Source-derived case information.
- Citation
- CHAN HO YIN v. THE HOSPITAL AUTHORITY AND OTHERS
- Parties
- Applicant: CHAN HO YIN; Respondent: THE HOSPITAL AUTHORITY; Respondent: THE KWONG WAH HOSPITAL; Respondent: LAM KAM WAH; Respondent: HUNG WAI KA; Respondent: SIN FU PING; Respondent: LAI FOOK MING, LAWRENCE
- Court
- Court of Final Appeal
- Jurisdiction
- Hong Kong
- Judgment Date
- 27 June 2000
- Case Number
- FAMV11/2000
- Procedural Posture
- Application for Leave to Appeal to the Court of Final Appeal / Determination by Appeal Committee (leave Application Dismissed)
- Outcome
- Applications for leave to appeal dismissed.
- Legal Topics
- Leave to Appeal, Striking Out, Interlocutory Applications, Dismissal of Appeals
- Source Language
- et
Source-derived case record
Summary, issues, holding and outcome
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Parties
CHAN HO YIN
Applicant
THE HOSPITAL AUTHORITY
Respondent
THE KWONG WAH HOSPITAL
Respondent
LAM KAM WAH
Respondent
HUNG WAI KA
Respondent
SIN FU PING
Respondent
LAI FOOK MING, LAWRENCE
Respondent
Procedural Posture
Application for Leave to Appeal to the Court of Final Appeal / Determination by Appeal Committee (leave Application Dismissed)
Legal Issues
- 1 Whether leave to appeal to the Court of Final Appeal should be granted in respect of prior dismissals by lower courts
- 2 Whether the applicant has demonstrated sufficient arguable grounds or public importance to justify further appeal
- 3 Whether interlocutory applications and striking out orders were properly disposed of in earlier proceedings
Ratio Decidendi
The Appeal Committee dismissed the applications for leave because the applicant failed to demonstrate any grounds or arguments sufficient to persuade the Committee that the matter should proceed to the Court of Final Appeal; the statutory and procedural threshold for granting leave was not met.
Court Disposition
Applications for leave to appeal dismissed.
Orders
- Applications for leave to appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
bjbj (Not for Circulation) FAMV No. 11 of 2000 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION MISCELLANEOUS PROCEEDINGS NO. 11 OF 2000 (CIVIL) (ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 313 OF 1999, CACV NO. 342 OF 1999 AND CACV No. 360 OF 1999) __________________ Between: CHAN HO YIN Applicant - and - THE HOSPITAL AUTHORITY Respondents THE KWONG WAH HOSPITAL LAM KAM WAH HUNG WAI KA SIN FU PING LAI FOOK MING, LAWRENCE ___________________ Appeal Committee: Mr Justice Litton PJ, Mr. Justice Bokhary PJ & Mr. Justice Silke NPJ Date of Hearing 27 June 2000 Date of Determination: 27 June 2000 _________________________ D E T E R M I N A T I O N _________________________ Mr Justice Silke N.P.J. This is the determination of the Appeal Committee. The applicant brought an action in December 1998 against a number of defendants for medical negligence and alleged a conspiracy. In February 1999 she instituted further proceedings of a similar nature naming the same and additional defendants. Those two proceedings were consolidated in March 1999. There were a number of interlocutory summons filed by the applicant which were not successful. A striking out application by some of the defendants named was successful. The applicant appealed those results to the Court of First Instance and, not succeeding, to the Court of Appeal. Those appeals in CACV 342/99 AND CACV 360/99 were dismissed on 21 January 2000. She applied to the Court of Appeal for leave to appeal to this Court. That application was refused on 16 March 2000. In CACV 313/99 the applicant s appeal on related matters to the Court of Appeal was dismissed on the 24 February 2000. She sought leave to appeal to this Court and on 14 April 2000 that application was dismissed. On the 11 April the applicant renewed her application for leave in respect of the decisions in CACV 342/99, CACV 360/99 and CACV 313/99. Neither the papers placed before us nor anything which has been said by the representative of the applicant persuades us that this matter should go further. The applications for leave are dismissed. (Henry Litton) Permanent Judge (Kemal Bokhary) Permanent Judge (William Silke) Non-Permanent Judge Applicant represented by Mr Lo Hon Sing. Johnson Stokes & Master for the Respondents being absent. PAGE - PAGE - &`#$ & 6" FACV No Maggie YK Wong Normal.dot Microsoft Word 8.0 FACV No Title _PID_GUID Microsoft Word Document MSWordDoc Word.Document.8