孫麗鶯 對 香港汽車保險局

孫麗鶯 對 香港汽車保險局

The applicant failed to demonstrate that the proposed appeal raises questions of great general or public importance or any other exceptional reasons under s22 of the Court of Final Appeal Ordinance; accordingly leave to appeal to the Court of Final Appeal is refused. The applicant has no arguable appeal and...

Source-derived case information.

Citation
[2025] HKCA 1138
Parties
Applicant/plaintiff: 孫麗鶯 (SUN LAI NGUN); Respondent/defendant: 香港汽車保險局 (MIB OF HONG KONG)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
18 December 2025
Case Number
CACV328/2024
Procedural Posture
Civil Appeal (court of Appeal) From Personal Injury Proceedings / Application for Leave to Appeal to the Court of Final Appeal and Application to Stay; Prior Dismissal of Appeal for Failure to Pay Security
Outcome
Application for leave to appeal to the Court of Final Appeal refused; application to stay the July 16, 2025 costs/security order refused; notice of motion struck out; costs awarded to respondent.
Legal Topics
Leave to Appeal to the Court of Final Appeal, Stay of Execution, Deposit/security for Appeal Costs, Motor Insurance (third Party Risks) Liability, Amendment/striking Out Pleadings
Source Language
ch
Civil Procedure Appellate Procedure Insurance Law Personal Injury Law Leave to Appeal to the Court of Final Appeal Stay of Execution Deposit/security for Appeal Costs Motor Insurance (third Party Risks) Liability +1 more

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Parties

孫麗鶯 (SUN LAI NGUN)

Applicant/plaintiff

香港汽車保險局 (MIB OF HONG KONG)

Respondent/defendant

Procedural Posture

Civil Appeal (court of Appeal) From Personal Injury Proceedings / Application for Leave to Appeal to the Court of Final Appeal and Application to Stay; Prior Dismissal of Appeal for Failure to Pay Security

Legal Issues

  1. 1 Whether leave to appeal to the Court of Final Appeal should be granted under s22 of the Court of Final Appeal Ordinance
  2. 2 Whether the proposed appeal raises issues of great general or public importance or other exceptional reasons warranting CFA consideration
  3. 3 Whether a stay of the July 16, 2025 order should be granted pending any further appeal

Ratio Decidendi

The applicant failed to demonstrate that the proposed appeal raises questions of great general or public importance or any other exceptional reasons under s22 of the Court of Final Appeal Ordinance; accordingly leave to appeal to the Court of Final Appeal is refused. The applicant has no arguable appeal and therefore no basis for a stay; the motion is struck out and the stay application is refused. Costs of the applications are awarded to the respondent in the assessed sum of $33,000; the prior dismissal of the appeal for failure to deposit the $270,000 security remains effective.

Court Disposition

Application for leave to appeal to the Court of Final Appeal refused; application to stay the July 16, 2025 costs/security order refused; notice of motion struck out; costs awarded to respondent.

Orders

  • Leave to appeal to the Court of Final Appeal refused
  • Applicant's filed notice of motion (提出動議通知書) struck out/withdrawn