李靜 對 趙、司徒、鄭律師事務所及另一人

李靜 對 趙、司徒、鄭律師事務所及另一人

The applicant misconstrued the earlier Court of Appeal judgment: the court refused leave, revoked the applicant's summons and only made an order as to costs; the 31 December 2024 summons seeking to vary the judgment was misconceived and is revoked; the costs order assessed at HK$9,500 remains in force as a final...

Source-derived case information.

Citation
[2025] HKCA 66
Parties
Plaintiff: LI JING JENNY 李靜; First Defendant: 趙、司徒、鄭律師事務所; Second Defendant: 沈昇律師
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
16 January 2025
Case Number
CAMP324/2023
Procedural Posture
Civil Appeal / Court of Appeal Decision Refusing Leave and Disposing of a Summons to Vary Costs Order
Outcome
The applicant's 31 December 2024 summons is dismissed and struck out; the prior costs order assessed at HK$9,500 remains in force; no further costs are awarded in respect of the revoked summons.
Legal Topics
Leave to Appeal, Variation of Order, Interim Costs Order, Revocation of Summons
Source Language
ch
Civil Procedure Appeal Costs Leave to Appeal Variation of Order Interim Costs Order Revocation of Summons

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Parties

LI JING JENNY 李靜

Plaintiff

趙、司徒、鄭律師事務所

First Defendant

沈昇律師

Second Defendant

Procedural Posture

Civil Appeal / Court of Appeal Decision Refusing Leave and Disposing of a Summons to Vary Costs Order

  1. 1 Whether the applicant's 31 December 2024 summons sought a valid variation of a prior order or was misconceived
  2. 2 Whether the prior paragraph 24(2) order was an interim order capable of variation or a final costs order
  3. 3 Whether the 31 December 2024 summons should be revoked and whether any additional costs should be awarded

Ratio Decidendi

The applicant misconstrued the earlier Court of Appeal judgment: the court refused leave, revoked the applicant's summons and only made an order as to costs; the 31 December 2024 summons seeking to vary the judgment was misconceived and is revoked; the costs order assessed at HK$9,500 remains in force as a final order and no further costs are awarded.

Court Disposition

The applicant's 31 December 2024 summons is dismissed and struck out; the prior costs order assessed at HK$9,500 remains in force; no further costs are awarded in respect of the revoked summons.

Orders

  • Summons dated 31 December 2024 is revoked and struck out.
  • No order as to costs in relation to the 31 December 2024 summons.