Lmym v. Lsw

HCMP1534/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

Miscellaneous Proceedings No. 1534 of 2007

( On an Intended Appeal from FCMC 11418 of 2004)

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BETWEEN:

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Before: Hon. Yeung and Yuen JJA in Court

Date of hearing: 18 December 2007

Date of Judgment: 20 December 2007

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JUDGMENT

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Hon.  Yeung JA:

1.I agree with the judgment of Yuen JA.

Hon. Yuen JA:

2.On 26 October 2007 we handed down judgment in relation to the Applicant’s summons filed on 22 August 2007 which sought leave to appeal from a decision of Deputy District Judge Levy of 18 July 2007.  The summons contained various other applications which we also considered.  The reasons for the orders given in relation to each of the paragraphs in that summons have been set out in our written judgment and I will not repeat them here.

3.At the same time, we dismissed a summons filed by the Applicant on 20 October 2007 in relation to a minor clerical error in a letter written by the Registry to the Applicant.

4.The Applicant has now sought leave to appeal our order to the Court of Final Appeal.  Insofar as leave is sought to appeal against our decision refusing leave to appeal, the Court of Final Appeal has held in HLF v MTC [2004] 3 HKLRD 241 that there can be no appeal against the Court of Appeal’s refusal of leave to appeal. 

5.In any event and insofar as leave is sought to appeal against our decision on the other matters, the conditions of s.22(1)(b) of the Hong Kong Court of Final Appeal Ordinance Cap. 484 are not satisfied.

6.The Applicant’s Notice of Motion is accordingly dismissed.  The Respondent not having attended the hearing, we make no order as to costs.

The Applicant in person, present.

The Respondent in person, absent.