Case Document

100%Judiciary

HCMP 1178/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 1178 OF 2009

(ON AN INTENDED APPEAL FROM DCCJ NO. 4126 OF 2007)

----------------------

BETWEEN
	YUNG MEI CHUN（翁美珍）	Plaintiff
	and
	CHAN SING CHUEN（陳聖傳）	Defendant

----------------------

Before: Hon Tang VP in Chambers

Date of Decision: 21 April 2010

----------------------

DECISION

----------------------

Hon Tang VP (giving the decision of the Court):

1.On 2 November 2009, this Court (Tang VP and Yeung JA) made a restricted application order (“RAO”) prohibiting the plaintiff from making any further application to this Court in HCMP 1178/2009, save with leave of Tang VP (or another judge designated by the Chief Judge, High Court).

2.The background to this order can be gathered from the judgments of this Court of 4 September 2009 and 2 November 2009.

3.By summons dated 13 April 2010, the plaintiff, Yung Mei Chun, purported to apply to the Court for, inter alia, the following reliefs:

“(1) To set aside the Judgment of HCMP 1178 of 2009 dated 26 March 2010.

(2) Not to have Hon Tang VP to handle this summons due to his continuously acts against the Rules of High Court.”

4.Since the plaintiff is not entitled to make an application without leave, I have to consider whether to grant leave.

5.I refuse leave for the following reasons:

(1) Regarding (1) above, this Court cannot set aside the judgment of 26 March 2010. The court is functus.

(2) As for (2), I see no reason to recuse myself.