Read the full judgment text of CACV 333/2018 on BabelCite. This Court of Appeal judgment was delivered on 10 December 2018 before Lam VP, Chu JA, Poon JA.
Civil procedure – re-opening of appeal – functus officio – sealing of order – abuse of process – leave to appeal – finality – The Legislative Council Commission v Sixtus Leung Chung Hang and Another – The applicant, Leung Kit-Hing Doris, sought to re-open a Court of Appeal judgment that had dismissed her summons and struck out her appeal as an abuse of process. The court held that it retains discretion to re-open after judgment but before sealing, but only in exceptional cases with strong reasons in the interest of justice. The applicant's arguments regarding leave to appeal and the Registrar's directions did not provide any reasonable ground to re-open. The summons was dismissed as totally devoid of merits.
Legal issues: Re-opening of appeal after judgment
Outcome: Summons to re-open dismissed
Cited by 6 cases · Cites 3 cases