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 application for permission to appeal is refused because the plaintiff failed to demonstrate a reasonable prospect of success or any other compelling reason: her core claims are conclusively precluded by earlier final judgments (so are unarguable), her Limitation Ordinance argument is misconceived, the legal fees...

Source-derived case information.

Citation
[2024] HKCA 1181
Parties
Plaintiff: Li Jing Jenny (李靜); First Defendant: Chiu, Szeto & Cheng Solicitors (趙、司徒、鄭律師事務所); Second Defendant: Shen Sheng (沈昇律師)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
20 December 2024
Case Number
CAMP324/2023
Procedural Posture
Civil Proceedings Permission to Appeal / Permission to Appeal Application Decided on Papers
Outcome
Permission to appeal refused; plaintiff ordered to pay costs to first defendant; plaintiff barred from seeking a rehearing at a hearing under the cited High Court Rules provision
Legal Topics
Permission to Appeal, Striking Out, Abuse of Process, Res Judicata, Jurisdiction of Small Claims Tribunal, Costs Assessment
Source Language
ch
Civil Procedure Costs Property Law Limitation Permission to Appeal Striking Out Abuse of Process Res Judicata +2 more

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Parties

Li Jing Jenny (李靜)

Plaintiff

Chiu, Szeto & Cheng Solicitors (趙、司徒、鄭律師事務所)

First Defendant

Shen Sheng (沈昇律師)

Second Defendant

Procedural Posture

Civil Proceedings Permission to Appeal / Permission to Appeal Application Decided on Papers

  1. 1 Whether the applicant demonstrated a reasonable chance of success on appeal
  2. 2 Whether the plaintiff's claims are frivolous, vexatious or an abuse of process and should be struck out
  3. 3 Whether earlier final judgments preclude the plaintiff's claim to property rights

Ratio Decidendi

The application for permission to appeal is refused because the plaintiff failed to demonstrate a reasonable prospect of success or any other compelling reason: her core claims are conclusively precluded by earlier final judgments (so are unarguable), her Limitation Ordinance argument is misconceived, the legal fees claim is for Small Claims Tribunal jurisdiction, and there is no basis to disturb the costs assessment; accordingly the appeal permission was properly denied and costs ordered against her.

Court Disposition

Permission to appeal refused; plaintiff ordered to pay costs to first defendant; plaintiff barred from seeking a rehearing at a hearing under the cited High Court Rules provision

Orders

  • The summons dated 12 October 2023 is revoked.
  • The plaintiff shall pay the first defendant's costs of the application assessed at HKD 9,500 (interim; will become final unless varied within 14 days).