Hong Kong Case Law: Decisions & Judgments

Topic

Restricted application order

Legal area

Court

15 Oct 2024

SUCCESS LANE DEVELOPMENT LTD v. FERGURSON HONG KONG LTD trading as NEW WORLD MILLENIUM HONG KONG HOTEL

Citation

[2024] HKCA 926
Court

Court of Appeal
Case number

CAMP154/2024

Leave to appeal was refused because the draft notice was prolix and non‑compliant with Practice Direction 4.1 and, on the merits, the grounds that could be discerned had no reasonable prospect of success: the statement of costs was not late or not a proper basis to set aside, variation applications were improperly made or out of time, and the summary assessments and indemnity costs were within the judge’s broad discretion and not plainly wrong. Consequently the applications for leave were dismissed and costs orders nisi for indemnity costs to be summarily assessed were made.
15 Oct 2024

SUCCESS LANE DEVELOPMENT LTD v. FERGURSON HONG KONG LTD trading as NEW WORLD MILLENIUM HONG KONG HOTEL

Citation

[2024] HKCA 926
Court

Court of Appeal
Case number

CAMP146/2024

Leave to appeal was refused because the draft notice of appeal was non-compliant and prolix and, more fundamentally, the grounds that could be deciphered had no reasonable prospect of success: the filing was not late under RDC Order 3 rule 2(5), variation of a costs order requires proper summons procedure not a letter, the costs orders became absolute in time, and the summary assessments and orders for costs forthwith were within the judges' broad discretion and not wrong in principle or plainly wrong; accordingly appellate intervention was not justified.
19 Aug 2022

NPYJ v. SMRC

Citation

[2022] HKCA 1193
Court

Court of Appeal
Case number

CAMP117/2022

The Court dismissed the renewed application for leave to appeal and the application to adduce new evidence: the intended grounds lacked a reasonable prospect of success; the proposed new evidence did not satisfy Ladd v Marshall because it was available earlier and was not produced with reasonable diligence; case management discretion was properly exercised and not plainly wrong; consequently leave to appeal and admission of new evidence were refused and related summonses dismissed with costs.
28 Feb 2022

SITI KHOTIMAH v. DIRECTOR OF IMMIGRATION

Citation

[2022] HKCA 327
Court

Court of Appeal
Case number

CACV420/2021

A Court of First Instance judge has jurisdiction, exercising the court's inherent jurisdiction in conjunction with ss27/27A HCO, to make restricted proceedings/orders requiring leave before lodging appeals where there is demonstrated persistent abuse of the appellate process; such orders must be proportionate, include procedural safeguards, and may be final as to leave unless the designating judge grants leave. Applying those principles, the Court dismissed both appeals on merits, set aside SK's RPO for failure to give procedural opportunity but immediately imposed a properly made 5-year RPO…
21 Jul 2021

LEUNG KIT HING, DORIS v. ELECTORAL AFFAIRS COMMISSION

Citation

[2021] HKCA 1050
Court

Court of Appeal
Case number

CACV9/2021

The Court found on the balance of prior judgments and present conduct that Doris Leung had repeatedly and persistently abused court process, lacked locus standi to intermeddle in proceedings concerning Mr Leung, and was likely to continue such conduct; accordingly a proportionate RAO and RPO were necessary and justified, and the identified summonses and notices of appeal were struck out or dismissed and leave to appeal to the CFA refused.
21 Jul 2021

RE LEUNG KIT HING, DORIS

Citation

[2021] HKCA 1050
Court

Court of Appeal
Case number

CAMP62/2021

Doris Leung has repeatedly and persistently instituted and pursued unmeritorious proceedings and applications in matters concerning Mr Leung despite repeated rulings that she lacked locus standi; her conduct amounted to abuse of process and was likely to continue; accordingly it was proportionate and necessary to grant RAO and RPO narrowly tailored to proceedings and subjects specified, and to strike out and dismiss the identified summonses and appeals and refuse leave to appeal to the Court of Final Appeal.
21 Jul 2021

RE LEUNG CHUNG HANG SIXTUS

Citation

[2021] HKCA 1050
Court

Court of Appeal
Case number

CAMP153/2020

Given Doris Leung's established pattern of vexatious litigation, repeated lack of locus standi, continued non-compliance with procedural orders and likelihood of repeating abuses, it was proportionate and necessary to grant RAO and RPO limiting her ability to initiate or pursue specified proceedings without prior leave of the designated judge; consequently her outstanding summonses and notices of appeal related to those matters are struck out or dismissed and leave to appeal to the Court of Final Appeal refused where statutory threshold not met.
21 Jul 2021

RE LEUNG CHUNG HANG SIXTUS

Citation

[2021] HKCA 1050
Court

Court of Appeal
Case number

CAMP196/2020

The court found on the balance of precedent and factual history that Doris Leung had repeatedly and persistently engaged in vexatious litigation without locus standi, habitually ignored procedural rules, and continued to file incoherent and unmeritorious applications; an RAO and RPO were proportionate and necessary to prevent further abuse, her pending summonses and notices of appeal relating to the listed proceedings were therefore struck out or dismissed, leave to appeal to the Court of Final Appeal was refused, and costs were ordered against her.
21 Jul 2021

LEUNG KIT HING, DORIS v. ELECTORAL AFFAIRS COMMISSION

Citation

[2021] HKCA 1050
Court

Court of Appeal
Case number

CACV8/2021

The court found on the authorities and the repeated litigation history that Doris Leung had persistently and incurably abused process by intermeddling in proceedings where she had no locus, filing incoherent and unmeritorious applications and re-litigating finally determined issues; it was proportionate and necessary to grant the RAO and RPO tailored to the identified proceedings and subject matters, to strike out and dismiss the impugned summonses and appeals as abuse of process, to refuse leave to appeal to the Court of Final Appeal, and to order costs to the Secretary for Justice to be ass…
6 Nov 2020

RE LEUNG CHUNG HANG SIXTUS

Citation

[2020] HKCA 893
Court

Court of Appeal
Case number

CAMP153/2020

The summons was struck out as an abuse of process because the intended party was not a party to the bankruptcy proceedings, lacked evidence of authority or equitable interest to confer locus, could not represent the debtor as a non-lawyer, and the appropriate forum for any set-aside application was the Court of First Instance; consequently the summons is dismissed and the court directed further procedural steps regarding possible RPO and RAO, joining the Secretary for Justice as an interested party.