YUEN OI YEE LISA 對 NGAI NGOK PANG 及另一人

YUEN OI YEE LISA 對 NGAI NGOK PANG 及另一人

The Court refused leave to appeal because the applicants failed to show that the issues involved were of general or public importance or met other statutory criteria under s22; the application in CAMP 282/2019 was revoked because the prior refusal was not a decision permitting further appeal under the High Court...

Source-derived case information.

Citation
[2022] HKCA 844
Parties
Plaintiff: YUEN OI YEE LISA; Plaintiff: LEE SYN YUK MICHELLE; Defendant: NGAI NGOK PANG; Defendant: NGAI YU LING MONY
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
13 June 2022
Case Number
CAMP282/2019
Procedural Posture
Civil Appeal (leave to Appeal to Court of Final Appeal) / Leave Application to Court of Final Appeal; Appellate Stage
Outcome
Leave to appeal to the Court of Final Appeal refused for the applicants and for the first defendant's costs appeal; CAMP 282/2019 application revoked; no costs orders made.
Legal Topics
Leave to Appeal, Permission to Appeal, Court Discretion, Finality of Judgments, Costs Orders
Source Language
ch
Civil Procedure Appeals Costs Leave to Appeal Permission to Appeal Court Discretion Finality of Judgments Costs Orders

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Parties

YUEN OI YEE LISA

Plaintiff

LEE SYN YUK MICHELLE

Plaintiff

NGAI NGOK PANG

Defendant

NGAI YU LING MONY

Defendant

Procedural Posture

Civil Appeal (leave to Appeal to Court of Final Appeal) / Leave Application to Court of Final Appeal; Appellate Stage

Legal Issues

  1. 1 Whether the Court of Appeal should grant leave to appeal to the Court of Final Appeal under s22 of the Court of Final Appeal Ordinance (Cap 484) on grounds of general or public importance
  2. 2 Whether the first defendant should be granted leave to appeal the costs decision and whether a costs order should be made

Ratio Decidendi

The Court refused leave to appeal because the applicants failed to show that the issues involved were of general or public importance or met other statutory criteria under s22; the application in CAMP 282/2019 was revoked because the prior refusal was not a decision permitting further appeal under the High Court Ordinance; the first defendant failed to establish grounds for leave to appeal on costs and no costs order was made.

Court Disposition

Leave to appeal to the Court of Final Appeal refused for the applicants and for the first defendant's costs appeal; CAMP 282/2019 application revoked; no costs orders made.

Orders

  • Refused: applications for leave to appeal to the Court of Final Appeal in CACV 415/2019 and CACV 553/2020
  • Revoked: leave application in CAMP 282/2019 per High Court Ordinance ss14A-B