Read the full judgment text of FAMV 000001/1998 on BabelCite. This FAMV judgment was delivered on 20 February 1998 before Litton Ag.CJ, Ching PJ, Bokhary PJ.
Civil procedure – leave to appeal to Court of Final Appeal – application under s.32(2) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) – applicants issued writ against government defendants with incoherent statement of claim alleging various grievances against officials – Master Chu struck out statement of claim and dismissed action with costs – appeal to Deputy Judge under Order 58 of the Rules of the High Court dismissed – notice of appeal to Court of Appeal lodged out of time – whether order of Deputy Judge was interlocutory for purposes of Order 59 Rule 4(1)(a) of the Rules of the High Court – First Pacific Bank v. Robert H.P. Fung 'applications' test applied – time limit expired on 9 October 1997 – notice lodged on 15 October 1997 out of time – whether inarticulate grievances disclose any cause of action known to the law – no grounds of appeal known to the law existed – statement of claim failed to articulate any recognisable cause of action – no satisfactory excuse for delay advanced – application for leave to appeal dismissed with costs
Legal issues: Whether the order dismissing the appeal from Master Chu was interlocutory for time limit purposes · Whether the applicants' grievances disclosed any cause of action known to the law · Whether leave to appeal to the Court of Final Appeal should be granted
Outcome: Application for leave to appeal to the Court of Final Appeal dismissed with costs.