李寶榮 對 施華芬

李寶榮 對 施華芬

The Court refused permission to appeal because the defendant failed to show any reasonable prospect of success or other compelling reasons; many grounds were irrelevant or previously rejected, so leave was refused and the related appeal was formally revoked; the court also barred any party from seeking oral...

Source-derived case information.

Citation
李寶榮 對 施華芬
Parties
Plaintiff: LEE PO WING (李寶榮); Defendant: SEE WAH FAN (施華芬)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 March 2016
Case Number
HCMP3420/2015
Procedural Posture
Application for Permission to Appeal to the Court of Appeal From Regional Court Interlocutory Orders / Decision on Application for Leave to Appeal (permission Refused)
Outcome
Permission to appeal refused; leave application dismissed and associated appeal CACV 242/2015 formally revoked; earlier regional court orders upheld to the extent not varied by this decision.
Legal Topics
Permission to Appeal (leave), Interlocutory/unless Order, Security for Costs, Costs Assessment, Vexatious/frivolous Applications
Source Language
ch
Civil Procedure Appeal Property Costs Permission to Appeal (leave) Interlocutory/unless Order Security for Costs Costs Assessment +1 more

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Parties

LEE PO WING (李寶榮)

Plaintiff

SEE WAH FAN (施華芬)

Defendant

Procedural Posture

Application for Permission to Appeal to the Court of Appeal From Regional Court Interlocutory Orders / Decision on Application for Leave to Appeal (permission Refused)

  1. 1 Whether the defendant demonstrated a reasonable prospect of success under s63A(2) of the District Judges Ordinance to justify permission to appeal
  2. 2 Whether there were other compelling reasons of fairness to grant leave to appeal
  3. 3 Whether the regional court judge erred in making the unless order and related orders (security HK$450,000 and handing over title deeds)

Ratio Decidendi

The Court refused permission to appeal because the defendant failed to show any reasonable prospect of success or other compelling reasons; many grounds were irrelevant or previously rejected, so leave was refused and the related appeal was formally revoked; the court also barred any party from seeking oral reconsideration under Order 59 r.2A(8).

Court Disposition

Permission to appeal refused; leave application dismissed and associated appeal CACV 242/2015 formally revoked; earlier regional court orders upheld to the extent not varied by this decision.

Orders

  • Application for permission to appeal refused and the defendant's 24 December 2015 summons dismissed
  • The defendant's CACV 242/2015 appeal is formally revoked