Hong Kong Case Law: Decisions & Judgments

Topic

Re-opening appeals

Legal area

Court

18 Dec 2019

THE LEGISLATIVE COUNCIL COMMISSION v. SIXTUS LEUNG CHUNG HANG

Citation

[2019] HKDC 1691
Court

District Court
Case number

DCCJ4497/2017

The Intended Party failed to demonstrate good and strong reasons to re-open the dismissed DC appeal, her ex-parte appeals were an abuse of process, she caused inordinate delay and breached appeal procedural rules, and she produced no evidence establishing locus or relevance; therefore the ex-parte summonses are dismissed and the plaintiff's cross summons is granted with an order nisi for indemnity costs.
28 Feb 2014

DR. LEUNG SHU PIU v. THE MEDICAL COUNCIL OF HONG KONG

Citation

DR. LEUNG SHU PIU v. THE MEDICAL COUNCIL OF HONG KONG
Court

Court of Appeal
Case number

CACV374/2008

The Court refused the applications because the residual jurisdiction to re-open is exceptional and was not engaged here: the respondent's late application to adduce evidence was unjustifiably delayed; the applicant had deliberately abandoned the original ground after advice and offered no exceptional new evidence or circumstances to justify re-opening; the Medical Council's factual findings and inferences as to the applicant's intention were open to it and there was no miscarriage of process, and the proposed questions for the Court of Final Appeal were fact-sensitive and did not merit leave.
12 Jun 2006

THE GOVERNMENT OF THE HKSAR v. MICHAEL REID SCOTT

Citation

THE GOVERNMENT OF THE HKSAR v. MICHAEL REID SCOTT
Court

Court of Final Appeal
Case number

FACV16/2004

The Court has jurisdiction to order costs in respect of motions taken in pending appeals; s.17 confers wide power to make orders as to costs and s.43 requires taxation only where costs are ordered to be paid generally, not where the Court awards a fixed sum; accordingly the Court may award fixed sum costs without taxation and it was appropriate to order the respondent to pay fixed costs of $39,206 to the Government.

Hong Kong Case Law

THE LEGISLATIVE COUNCIL COMMISSION v. SIXTUS LEUNG CHUNG HANG

DR. LEUNG SHU PIU v. THE MEDICAL COUNCIL OF HONG KONG

THE GOVERNMENT OF THE HKSAR v. MICHAEL REID SCOTT