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(d)
Where an application to strike out or an application for summary judgment fails
(in the latter case, whether leave to defend is conditional or unconditional),
since no substantive rights are determined, the exception should not apply. In
such cases, any appeal, like other interlocutory appeals, should require the
court's leave.
(e)
Parties bringing unwarranted appeals as of right should expect to incur
appropriate costs sanctions. The respondent may also, as at present,
apply for
security for the costs of such appeals.
(f)
Certain other CFI decisions should also expressly be exempted from the leave
requirement because of the subject-matter of the decision. Examples are
decisions committing a person to prison for contempt and decisions refusing
habeas corpus.
Appeals as of right should also be available in relation to
judicial review decisions, including the decision to refuse leave to apply for
judicial review and the substantive decision.
(g)
Where leave to appeal is required, the court should have power to limit the grant
of such leave to particular issues and to grant leave subject to conditions
designed to ensure the fair and efficient disposal of the appeal.
Notes
See HKCP 2002, 59/10/28-38.
A similar power exists under CPR 52.3(7). See White Book 52PD.11.
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