羅慧萍 v. 保誠保險有限公司

羅慧萍 v. 保誠保險有限公司

Leave to appeal was refused because the appeal had no reasonable prospect of success: the obligation on P derived from the filed and served 31/7/17 Order and the Unless Order, not from an unfiled FBP Request; the Filing Order did not render the Unless Order invalid and D had filed the FBP Request on 18 October 2017 (verifiable in the court file).

Citation
[2018] HKCFI 497
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 March 2018
Case Number
HCA1424/2017
Procedural Posture
Civil (contract/insurance) / Application for Leave to Appeal (interlocutory)
Outcome
Application for leave to appeal dismissed
Legal Topics
Relief Against Sanctions, Unless Order, Leave to Appeal, Service and Filing of Documents, Costs
Source Language
EN
Civil Procedure Insurance Law Contract Law Appeals Relief Against Sanctions Unless Order Leave to Appeal Service and Filing of Documents +1 more

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Procedural Posture

Civil (contract/insurance) / Application for Leave to Appeal (interlocutory)

Legal Issues

  1. 1 Whether leave to appeal should be granted under s14AA(4) High Court Ordinance
  2. 2 Whether the Filing Order remedied any defect in the Unless Order
  3. 3 Whether an unfiled FBP Request deprived the court of jurisdiction or required service before the Filing Order took effect

Ratio Decidendi

Leave to appeal was refused because the appeal had no reasonable prospect of success: the obligation on P derived from the filed and served 31/7/17 Order and the Unless Order, not from an unfiled FBP Request; the Filing Order did not render the Unless Order invalid and D had filed the FBP Request on 18 October 2017 (verifiable in the court file).

Court Disposition

Application for leave to appeal dismissed

Orders

  • Application for leave to appeal dismissed
  • Costs order nisi: Defendant's costs of and occasioned by the application to be taxed if not agreed