Yuen Oi Yee Lisa v. Lam Kit Seong Miranda

HCMP 510/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 510 OF 2011

(ON AN INTENDED APPEAL FROM HCA NO. 2107 OF 2006)

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BETWEEN

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Before: Hon Tang Ag CJHC and Yeung JA in Court

Date of Judgment: 15 April 2011

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JUDGMENT

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Hon Tang Ag CJHC (giving the judgment of the Court):

1.In CACV 325/2006 and CACV 436/2006 (Rogers VP and Le Pichon JA) as well as in CACV 207/2008 (Rogers VP), an order was made by this Court, pursuant to Practice Direction 11.3 that Yuen Oi Yee Lisa (Ms Yuen) should thenceforth not be permitted to bring any appeal in respect of any decision of a judge of First Instance, except with the leave of the judge who made the order against which Ms Yuen intended to appeal.

2.Ms Yuen has applied ex parte on 24 March 2011 for the following reliefs:

“(1) Leave to correct all mistakes committed by Justice Lam in his letters dated 22^nd Feb., 2011 and 10^th March, 2011; OR

(2) Leave to appeal Justice Lam’s order made on 22^nd February and 10^th March., 2011; OR

(3) Leave to order all criminal issues and investigation to go ahead first before all civil claims to be made.”

3.Lam J has not given leave to Ms Yuen to appeal what Ms Yuen has called:

“… Justice Lam’s order made on 22^nd February and 10^th March., 2011”.

4.We have no doubt that this ex parte application is entirely without merit.  It is accordingly dismissed.  We also make an order under O. 59 r. 2A(8) that the defendants may not request this determination to be reconsidered at an oral hearing inter partes.

5.We also direct that the Registry should refuse to accept filing of any application to this Court by Ms Yuen unless leave has been given by the judge who made the order against which Ms Yuen intended to appeal.