Read the full judgment text of CACV 46/2001 on BabelCite. This Court of Appeal judgment was delivered on 27 February 2001 before Mayo VP, Le Pichon JA.
Civil procedure – appeal – leave to appeal to Court of Final Appeal – Court of Final Appeal Ordinance (Cap 484) s.22(1)(b) – question of law not raised below – abuse of process – inter partes summons – plaintiff not attending hearing – injunction granted – subsequent application to discharge injunction relying on points not raised at hearing – whether such conduct is an abuse of process – application refused – appellate court has no assurance that the facts upon which the appeal is based are well founded where the question was not raised before the lower court – law on abuse of process is straightforward and uncontroversial but fact-sensitive – requirements of s.22(1)(b) Cap 484 not complied with.
Legal issues: Whether leave to appeal should be granted where the proposed question of law was not raised below
Outcome: Application refused; requirements of s.22(1)(b) of the Court of Final Appeal Ordinance not satisfied.
Cited by 4 cases