LI JING JENNY 對 張少慧

LI JING JENNY 對 張少慧

The application for leave to appeal is refused because the proposed appeal has no reasonable prospect of success and there are no other reasons in the interests of justice to hear the appeal; the applicant cannot properly challenge the earlier July judgment in this application and, accordingly, the summons is struck...

Source-derived case information.

Citation
[2020] HKCFI 626
Parties
Applicant/plaintiff: Li Jing Jenny (李靜); Respondent/defendant: Cheung Siu Wai (張少慧)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 April 2020
Case Number
HCA767/2018
Procedural Posture
Leave to Appeal in Civil Proceedings / Application for Leave to Appeal (summons)
Outcome
Leave to appeal refused; summons struck out; costs ordered to be paid by applicant to respondent and assessed by the court.
Legal Topics
Leave to Appeal, Discretionary Costs, Standard of Appellate Review, Procedural Directions
Source Language
ch
Appeal Civil Procedure Costs Leave to Appeal Discretionary Costs Standard of Appellate Review Procedural Directions

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Parties

Li Jing Jenny (李靜)

Applicant/plaintiff

Cheung Siu Wai (張少慧)

Respondent/defendant

Procedural Posture

Leave to Appeal in Civil Proceedings / Application for Leave to Appeal (summons)

Legal Issues

  1. 1 Whether the proposed appeal has a reasonable prospect of success
  2. 2 Whether there are other reasons in the interests of justice to grant leave to appeal
  3. 3 Whether the applicant can challenge an earlier July judgment without having appealed that July judgment

Ratio Decidendi

The application for leave to appeal is refused because the proposed appeal has no reasonable prospect of success and there are no other reasons in the interests of justice to hear the appeal; the applicant cannot properly challenge the earlier July judgment in this application and, accordingly, the summons is struck out and costs are awarded to the respondent to be assessed by the court.

Court Disposition

Leave to appeal refused; summons struck out; costs ordered to be paid by applicant to respondent and assessed by the court.

Orders

  • Leave to appeal is refused.
  • The summons issued by the applicant on 16 January 2020 is struck out.