Appeals Against Judgments and Interlocutory Orders

When a court delivers its judgment at the close of trial or makes an order during the pendency of the suit, an aggrieved party may appeal against the judgment or interlocutory order. An appeal may be against (1) the entire judgment or interlocutory order; (2) certain specified matters contained in it; or (3) part of the relief granted by it.

If you’ve been awarded money or some other type of remedy in your lawsuit and are unhappy with the result, it may be possible to file an appeal and ask for a review of the judge’s decision. You can file an appeal against either an interlocutory order or a final judgment, but there are very different consequences of appealing an interlocutory order compared to appealing a final judgment.

When a court delivers its judgment at the close of trial or makes an order during the pendency of the suit, an aggrieved party may appeal against the judgment or interlocutory order. An appeal lies against any final judgment, decree or order in any suit, prosecution or other proceeding under the provision of various statutes, including the High Court Ordinance (Cap 5), the Arbitration Ordinance (Cap 12), the Summary Proceedings Ordinance (Cap 24), various criminal statutes and various revenue-raising measures.

Outline

  • What is an Application for Leave to Appeal?
  • When Can One Make Applications For Leave To Appeal?
  • Grounds For Leave To Appeal
  • How Is An Application Made And What Must It Contain?
  • A Court May Require The Party Seeking Leave To Pay Security Or Give An Undertaking As A Condition Precedent Before Adjudicating The Application
  • Can Anyone Object To The Grant Of An Application?
  • Who Will Decide The Application For Leave To Appeal?
  • Can Leave Be Granted On Terms?
  • Are There Any Time Limits That Have To Be Observed In Making And Deciding An Application For Leave To Appeal?
  • Expeditious Disposal Of Applications For Leave To Appeal
  • Procedure On The Hearing Of The Application For Leave To Appeal
  • Special Provisions Relating To Interlocutory Appeals From Non-Final Or Partial Judgments Or Order (Interlocutory Appeals)

What is an Application for Leave to Appeal?

An application for leave to appeal is a written request made by a party to a judgment or interlocutory order requesting that it be allowed to appeal to a higher court. Leave will only be granted if there are exceptional circumstances which make it desirable in the interest of justice that an appeal should be heard.

When Can One Make Applications For Leave To Appeal?

Applications for leave to appeal are made as soon as practicable after a judgment is delivered or an interlocutory order is made.

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