李寶榮 對 施華芬

李寶榮 對 施華芬

The defendant failed to demonstrate any arguable grounds with a reasonable prospect of success or any other reason in the interests of justice under s.63A(2); consequently leave to appeal was refused and the related appeal proceedings were dismissed, with costs ordered against the defendant and a prohibition on...

Source-derived case information.

Citation
李寶榮 對 施華芬
Parties
Plaintiff: Lee Po Wing; Defendant: See Wah Fan
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
16 March 2016
Case Number
CACV242/2015
Procedural Posture
Application for Leave to Appeal Against District Court Unless Order and Related Interlocutory Orders / Leave to Appeal Refused; Appeal Dismissed; Interlocutory Orders Upheld
Outcome
Leave to appeal refused; related appeal dismissed; original district court interlocutory orders upheld; costs awarded against defendant
Legal Topics
Permission to Appeal, Unless Order, Security for Sale, Vacant Possession, Costs Assessment
Source Language
ch
Civil Procedure Appeal Enforcement Costs Permission to Appeal Unless Order Security for Sale Vacant Possession +1 more

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Parties

Lee Po Wing

Plaintiff

See Wah Fan

Defendant

Procedural Posture

Application for Leave to Appeal Against District Court Unless Order and Related Interlocutory Orders / Leave to Appeal Refused; Appeal Dismissed; Interlocutory Orders Upheld

  1. 1 Whether the proposed appeal had a reasonable prospect of success or other sufficient reason in the interests of justice under s.63A(2)
  2. 2 Whether the defendant's ancillary applications (subpoena, summons) were frivolous or properly made
  3. 3 Whether costs should be awarded for the defendant's unsuccessful applications

Ratio Decidendi

The defendant failed to demonstrate any arguable grounds with a reasonable prospect of success or any other reason in the interests of justice under s.63A(2); consequently leave to appeal was refused and the related appeal proceedings were dismissed, with costs ordered against the defendant and a prohibition on re‑litigation of the leave decision.

Court Disposition

Leave to appeal refused; related appeal dismissed; original district court interlocutory orders upheld; costs awarded against defendant

Orders

  • Refused the defendant's application for leave to appeal and dismissed the 24 Dec 2015 leave application
  • Formally dismissed CACV 242/2015 and thereby upheld the district court orders of 21 Sep 2015