Hong Kong Case Law: Decisions & Judgments

Topic

Academic appeal

Legal area

Court

31 Oct 2024

譚兆尹對黎法欽及另一人

Citation

[2024] HKDC 1799
Court

District Court
Case number

DCCJ635/2023

The court refused permission to appeal because the application was academic — the plaintiff only appealed the revocation of the default summons while failing to appeal the order striking out the originating process — and there were no special circumstances to entertain the appeal; the fresh evidence was excluded at the leave stage because it did not satisfy Ladd v Marshall (no satisfactory explanation of prior diligence and no prospect of important impact).
26 Sept 2022

DMITRY YANISHEVSKIY v. MAXIM MOSKALEV

Citation

[2022] HKCFI 2936
Court

Court of First Instance
Case number

HCA1840/2019

The summons to vary the costs order nisi is dismissed: the Appeal was academic save as to costs and there were no exceptional circumstances to justify hearing it; costs should follow the event and be paid immediately with certificate for two counsel, to be summarily assessed; alleged late change of stance and instruction of leading counsel do not justify varying the costs order nisi.
6 Sept 2018

SECRETARY FOR JUSTICE v. CHENG KA-YEE AND OTHERS

Citation

[2018] HKCFI 2249
Court

Court of First Instance
Case number

HCMA466/2017

The court determined that, notwithstanding that acquittals of the respondents may remain unaffected, the question whether the actus reus requires "obtaining access to a computer" is a live legal issue warranting determination because it affects the scope of the statutory offence.
4 Oct 2012

LIN SAN JIH AND OTHERS v. CHAI ZHEN ZHONG AND OTHERS

Citation

LIN SAN JIH AND OTHERS v. CHAI ZHEN ZHONG AND OTHERS
Court

Court of Appeal
Case number

CACV211/2011

The Court struck out the 1st and 3rd defendants' appeals against rescission, related declarations and rectification as academic because they lacked standing once the 4th defendant abandoned its appeal; but allowed the appeal against the judge's order requiring the 1st defendant to pay US$830,000 into court and set that payment order aside because the plaintiffs lacked standing to claim the sum and the judge had no basis to order it be paid into court given the findings on authority and transfer of the loan.
23 Jul 2008

CHAN TAT MAN AND OTHERS v. TSOI YUK MING AND OTHERS

Citation

CHAN TAT MAN AND OTHERS v. TSOI YUK MING AND OTHERS
Court

Court of Appeal
Case number

CACV122/2008

The appeal was dismissed because the underlying action had been discontinued, rendering the application to intervene an academic exercise; the court will not allow intervention or hear an academic appeal in these circumstances.
16 May 2003

SAKTHEVEL PRABAKAR v. SECRETARY FOR SECURITY

Citation

SAKTHEVEL PRABAKAR v. SECRETARY FOR SECURITY
Court

Court of Appeal
Case number

CACV211/2002

Leave to appeal was refused because the appeal was academic—the applicant had been permitted to go to Canada and accepted as a refugee so the appeal would have no practical effect; the proposed questions were fact‑specific or poorly framed; legal aid should not fund an academic appeal; and the grant of leave in academic cases should be determined by the Court of Final Appeal, not this court.

Hong Kong Case Law

譚兆尹 對 黎法欽及另一人

DMITRY YANISHEVSKIY v. MAXIM MOSKALEV

SECRETARY FOR JUSTICE v. CHENG KA-YEE AND OTHERS

LIN SAN JIH AND OTHERS v. CHAI ZHEN ZHONG AND OTHERS

CHAN TAT MAN AND OTHERS v. TSOI YUK MING AND OTHERS

SAKTHEVEL PRABAKAR v. SECRETARY FOR SECURITY

譚兆尹對黎法欽及另一人