YUEN OI YEE LISA v. LAM KIT SEONG MIRANDA

CACV 142/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO.142 OF 2008

(On Appeal from HCA 2107 of 2006)

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J U D G M E N T

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Hon. Yuen JA (giving the judgment of the Court):

1.  This is the Plaintiff’s motion for leave to appeal to the Court of Final Appeal against this court’s dismissal on 13 June 2008 of her appeal from Lam J’s refusal to grant her leave to issue fresh proceedings pursuant to Practice Direction 11.3 (regarding Restrictive Proceedings Orders).  

2.  As has been explained in our Reasons for Judgment handed down on 17 June 2008, Lam J was right to refuse leave as the proceedings which Madam Yuen wished to issue was an application for leave to apply for judicial review of a judgment of the Court of First Instance  and two judgments of the Court of Appeal and it is well-established that judicial review is not available against the High Court (including the Court of Appeal) as they are superior courts of record. 

3.  We have read the contents of Madam Yuen’s Notice of Motion.  We do not see any ground for giving her leave to appeal to the Court of Final Appeal under either limb of s.22(1) of the Hong Kong Court of Final Appeal Ordinance Cap. 484 and this application must accordingly be dismissed.