Hong Kong Case Law: Decisions & Judgments

Topic

Appeal jurisdiction

Legal area

Court

19 Sept 2025

已故林秀明遺產管理人仇育萍對黃娟

Citation

[2025] HKCFI 4363
Court

Court of First Instance
Case number

HCSA17/2025

The application for permission to appeal is refused because all alleged grounds challenge the Tribunal's factual findings; the Tribunal's conclusion that the applicant failed to prove the transfer was supported by the evidence and there was no demonstrated legal error (no lack of evidential basis, no consideration of irrelevant material, no failure to consider material evidence, nor an illogical or perverse inference) that would justify intervention by this Court.
24 Apr 2024

香港特別行政區訴劉遠

Citation

[2024] HKCFI 1394
Court

Court of First Instance
Case number

HCMA319/2023

On rehearing the judge found no error in the trial judge's exercise of discretion: the appellant's own conduct (three inconsistent accounts and proactively distracting conduct captured against dashcam evidence) created self‑suspicion and could have misled the prosecution, therefore there were positive reasons to refuse costs and the refusal was upheld.
20 Jun 2023

王天賜對香港特別行政區

Citation

[2023] HKCFI 1825
Court

Court of First Instance
Case number

HCMA232/2021

Notice sent by ordinary post that was not returned was presumed served; the appellant failed to prove non‑receipt was not due to his own negligence and failed to prosecute the appeal or attend the hearing; accordingly the appeal is dismissed and the magistrate's order is upheld.
21 Apr 2023

HUANG LIDONG v. KWONG WING CHUNG

Citation

[2023] HKDC 461
Court

District Court
Case number

DCCJ70/2021

The appeal is dismissed because the defendant failed to comply with the Master's condition and allowed final judgment to be sealed and perfected, rendering the court functus officio and the Notice of Appeal spent; alternatively, even if jurisdiction remained, the defence was shadowy and only conditional leave to defend (on payment of HK$800,000 into court within 14 days) would be warranted; costs awarded on an indemnity basis with specified disallowance for bundle compilation costs.
2 Nov 2022

香港特別行政區訴永富 (香港) 有限公司及另一人

Citation

[2022] HKCFI 3335
Court

Court of First Instance
Case number

HCMA22/2021

The court exercised its discretion on costs by assessing the second appellant's conduct and role as sole director responsible for payments; there were sufficient substantive reasons to deny trial costs, but because the appeal succeeded in removing personal liability the court awarded the second appellant limited appeal costs (10%) and the costs of preparing the costs application; the exercise of discretion must be tied to conduct related to the offence and to positive reasons when withholding costs.
7 May 2021

MASIH SUNIL ALIAS SUNIL ARIF v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2021] HKCFI 1296
Court

Court of First Instance
Case number

HCAL1064/2018

Given the serious consequences for the applicant and the reasonably arguable case that the Board (or its staff) treated the notice of appeal as a nullity without adjudicative authority and failed to apply its discretion fairly to a detained appellant seeking a copy of the decision, the court extended time and granted leave to apply for judicial review to permit full consideration of those legal errors and procedural unfairness.
31 Mar 2021

AKHTAR JUNAID v. NGAI SUM MING AND ANOTHER

Citation

[2021] HKCA 445
Court

Court of Appeal
Case number

CACV610/2020

The appeal was dismissed because it was brought in the wrong forum (appeals from a District Court master must be heard by a District Court judge) and the attempted Notice of Discontinuance was ineffective for abandoning an appeal; the Court fixed the defendant's costs at $11,600 after reducing the claimed time, and ordered a further hearing to determine whether the Plaintiff's former solicitors should be ordered to pay those costs under Order 62 Rule 8 unless they agreed to pay by the stated date.
26 Nov 2020

HKSAR v. HERRY JANE YUSUPH

Citation

[2020] HKCA 974
Court

Court of Appeal
Case number

CACC93/2019

The Court held the sentencing guidelines are not a discretionless arithmetic formula; judges must assess role and culpability and may depart from purely arithmetic starting points if reasons exist; a six-week departure here did not warrant interference. Forfeiture under DDO s56(1)(a) is properly characterised as part of sentence and appealable; the judge lawfully found on the evidence that the US$1,800 was connected to the trafficking and ordered forfeiture. Fresh evidence/assistance was insignificant and did not justify further mitigation. Appeal dismissed in full.
23 Oct 2020

陳金泉對周淑娟及另二人

Citation

[2020] HKCA 841
Court

Court of Appeal
Case number

CACV310/2020

The Court of Appeal held that the appellant filed the notice of appeal in the wrong forum contrary to High Court Rules Order 58 r1 and therefore the notice of appeal must be struck out and the appeal dismissed.
21 Sept 2020

楊家興對李群自動化技術(香港)有限公司

Citation

[2020] HKCA 781
Court

Court of Appeal
Case number

CAMP293/2019

The application to vary the interim costs order was dismissed; the court held the applicant, as the losing party, must pay the respondent's reasonable costs and no special reason was shown to depart from that rule, and an application to vary costs cannot be used to attack the merits of the judgment; accordingly the interim order of 14 August 2020 is made final and the summary-assessed costs of HK$12,271 remain payable.