Read the full judgment text of CACV 491/2019 on BabelCite. This Court of Appeal judgment was delivered on 9 June 2021 before 張澤祐, 朱芬齡, 區慶祥.
Civil procedure – appeal – costs order – leave to appeal – whether leave required under s.14(3)(e) of the High Court Ordinance – whether application for leave should first be made to lower court under O.59 r.2B of the Rules of the High Court and Practice Direction 4.1 – striking out of notice of appeal for non-compliance and as frivolous, vexatious and abuse of process – inherent jurisdiction of appellate court – whether motion for leave to appeal to Court of Final Appeal is appropriate procedure where lower court refused leave. The plaintiff, a self-represented litigant, sought to challenge costs orders made against her in HCA 767/2018. Mr Justice Liu Man dismissed her appeal against a Master's costs order on 23 October 2019 and subsequently summarily assessed the costs. The Registrar directed that, because the appeal concerned costs, leave was required under s.14(3)(e) of the High Court Ordinance, and that under O.59 r.2B and Practice Direction 4.1, leave should first be sought from the lower court. Mr Justice Liu Man refused leave on 17 April 2020; the plaintiff did not apply to the Court of Appeal for further leave, but filed a motion for leave to appeal to the Court of Final Appeal. Held, the notice of appeal was invalid for want of leave and would in any event be struck out under the inherent jurisdiction as frivolous, vexatious and an abuse of process (Hong Kong Civil Procedure 2021 Vol 1, para 59/3/6). The motion for leave to appeal to the Court of Final Appeal was also an invalid procedure; the plaintiff should have applied to the Court of Appeal for further leave. The Court of Appeal disposed of the matter on paper under O.59 r.14A. Notice of appeal and motion struck out; plaintiff to pay the defendant's costs of the appeal and the motion on a summary assessment, with the bill to be filed within 7 days and the plaintiff having 7 days to file objections not exceeding 2 pages.
Legal issues: Validity of plaintiff's notice of appeal without leave · Inherent jurisdiction to strike out frivolous appeal · Validity of motion for leave to appeal to CFA against refusal of leave
Outcome: The plaintiff's notice of appeal and her motion for leave to appeal to the Court of Final Appeal were both struck out / dismissed.
Cited by 15 cases