孫麗鶯 對 香港汽車保險局

孫麗鶯 對 香港汽車保險局

The Court dismissed the applicant’s repeat applications as having no legal basis and being an abuse of process and a waste of court resources; consequently the applications for leave to appeal and for a stay of execution were refused and the applicant ordered to pay the respondent’s costs on an indemnity basis...

Source-derived case information.

Citation
[2026] HKCA 737
Parties
Plaintiff: SUN LAI NGUN; Defendant: MIB OF HONG KONG
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
17 April 2026
Case Number
CACV328/2024
Procedural Posture
Civil Appeal / Application for Permission to Appeal to the Court of Final Appeal and for Stay of Execution; Dismissed by Court of Appeal Judgment
Outcome
Applications dismissed; costs awarded to respondent on indemnity basis assessed at HK$35,000.
Legal Topics
Permission to Appeal to Final Court, Stay of Execution, Assessment of Costs, Abuse of Process for Repetitive Applications
Source Language
ch
Civil Procedure Appeal Costs Court Jurisdiction Abuse of Process Permission to Appeal to Final Court Stay of Execution Assessment of Costs +1 more

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Parties

SUN LAI NGUN

Plaintiff

MIB OF HONG KONG

Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal to the Court of Final Appeal and for Stay of Execution; Dismissed by Court of Appeal Judgment

Legal Issues

  1. 1 Whether permission to appeal to the Court of Final Appeal should be granted under s22(1)(b) of the Court of Final Appeal Ordinance
  2. 2 Whether the applicant’s repeat applications constituted an abuse of process and warranted dismissal
  3. 3 Whether a stay of execution of the costs order should be granted

Ratio Decidendi

The Court dismissed the applicant’s repeat applications as having no legal basis and being an abuse of process and a waste of court resources; consequently the applications for leave to appeal and for a stay of execution were refused and the applicant ordered to pay the respondent’s costs on an indemnity basis assessed at HK$35,000.

Court Disposition

Applications dismissed; costs awarded to respondent on indemnity basis assessed at HK$35,000.

Orders

  • The applicant’s two applications are dismissed.
  • The applicant must pay the respondent’s costs of these applications on an indemnity (彌償) basis, assessed at HK$35,000.