李靜 對 京衛保安有限公司

李靜 對 京衛保安有限公司

Section 32(3) makes the Court of First Instance's refusal to grant leave final; the applicant's proposed grounds are factual not legal and do not meet s32(1); accordingly the appeal notice must be struck out.

Source-derived case information.

Citation
[2020] HKCA 814
Parties
Appellant: LI JING JENNY; Respondent: KINGSWAY SECURITY LIMITED
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
14 October 2020
Case Number
CACV342/2020
Procedural Posture
Civil Appeal Under Labour Tribunal Ordinance / Consideration of Striking Out Appeal Notice After Court of First Instance Refused Leave to Appeal
Outcome
Appeal notice struck out; original refusal of leave is final
Legal Topics
Labour Tribunal Ordinance S32 Leave to Appeal, Finality of Refusal Under S32(3), Section 35 a and Appellate Leave, Strike Out of Appeal Notice
Source Language
ch
Employment Law Civil Procedure Appellate Jurisdiction Labour Tribunal Ordinance S32 Leave to Appeal Finality of Refusal Under S32(3) Section 35 a and Appellate Leave Strike Out of Appeal Notice

Source-derived case record

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Parties

LI JING JENNY

Appellant

KINGSWAY SECURITY LIMITED

Respondent

Procedural Posture

Civil Appeal Under Labour Tribunal Ordinance / Consideration of Striking Out Appeal Notice After Court of First Instance Refused Leave to Appeal

  1. 1 Whether the appeal notice should be struck out because the Court of First Instance's refusal to grant leave is final under s32(3)
  2. 2 Whether the proposed appeal raises a point of law as required by s32(1) or is merely a factual dispute
  3. 3 Whether s35A permits the Court of Appeal to grant leave where the Court of First Instance refused leave

Ratio Decidendi

Section 32(3) makes the Court of First Instance's refusal to grant leave final; the applicant's proposed grounds are factual not legal and do not meet s32(1); accordingly the appeal notice must be struck out.

Court Disposition

Appeal notice struck out; original refusal of leave is final

Orders

  • The appeal notice filed on 10 August 2020 is struck out.
  • No order as to costs.