Hong Kong Case Law: Decisions & Judgments

Topic

Reopening appeal

Legal area

Court

24 Jun 2015

HKSAR v. TUMURBAGANA ENKHTUR

Citation

HKSAR v. TUMURBAGANA ENKHTUR
Court

Court of Appeal
Case number

CACC316/2014

The abandonment and consequent dismissal were valid and not a nullity because the applicant signed the notice of abandonment and there was no evidence his mind did not go with the act; accordingly the Court refused to treat the abandonment as a nullity and refused to re-open the appeal; the Court lacks jurisdiction to reopen except where abandonment is a nullity or under s83P CPO.
23 Jan 2014

香港特別行政區訴楊志強

Citation

香港特別行政區訴楊志強
Court

Court of First Instance
Case number

HCMA10/2009

The court refused to reopen and dismissed the appeal because the appellant obtained an adjournment to obtain the transcript but thereafter failed to act for years, did not provide contact details or a satisfactory explanation for delay, and failed to demonstrate sufficient arguable grounds; prolonged unexplained dormancy justified dismissal in the interests of efficient case management and fairness to other court business.
23 May 2008

AEM v. VFM

Citation

AEM v. VFM
Court

Court of Appeal
Case number

CACV261/2006

The Court refused to reopen the appeal because the alleged cohabitation was not shown to have a material effect on the wife's financial position and the inheritance/probate did not require reopening given the circumstances and prior notification; the provisional costs order was not varied and the award of costs in favour of the wife was upheld; leave to appeal to the Court of Final Appeal was refused because the issues raised were based on established principles and were factual rather than matters of general public importance.

Hong Kong Case Law

HKSAR v. TUMURBAGANA ENKHTUR

香港特別行政區 訴 楊志強

AEM v. VFM

香港特別行政區訴楊志強