想停止/暫停進行法庭案件

Question

我想問，如果我係高等法院開左case (入左writ 同 statement of claim，但係文件送唔到去被告)， 但因為一d原因唔想繼續進行個case (唔係因為私底下settle 左），咁駛唔駛通知法庭？有咩程序㗎？

Thx!!!

Update:

如果個writ之前 serve 唔到俾被告, 而現階段又唔打算去做 subsituted service, 咁份 notice of discontinuance 即係都依然serve 唔到俾被告, 咁我係咪可以等份writ 過12個月有效期而唔入written notice? 定係要向法庭申請許可?

Answer 1

Favorite Answer

1. It depends on what methods you choose.

2. Under the High Court Order 21, you will have the following choices:

a. Continue with the service of process. After the service has been completed, you serve a notice of withdrawal to the defendant and file with the court to dismiss the case without prejudice (for future re-filing within statute of limitation).

b. Ask the Court for leave to quash the summon and dismiss the case without prejudice through Motion.

2015-07-05 21:07:36 補充：

Simply ask for leave to quash the summon and dismiss the case.

The Court can in fact order you to show cause and/or your case to be dismissed with prejudice.

Once the proceeding has formally started, don't be lazy.

I have no comment on your reason of discontiunance.

2015-07-10 03:28:05 補充：

rhdiddl:

Let me address the reasons.

1. I cited the Rules of High Court Order 21, which in fact governs withdrawal and discontinuance.

2. The expiration of a writ does not actually dissolve a case. In fact, upon showing good cause, the court can grant leave to re-issue the writ in question.

2015-07-10 03:35:08 補充：

3. A court of law isn't a playground. If you don't proceed accordingly, the Court can impose sanctions against or hold the person in contempt. A typical sanction is dismissal with prejudice (for the failure of prosecution).

2015-07-10 03:38:09 補充：

The most important is - your answer is moot as it was suggested by Cyrus (the person asking this question) 8 hours before your answer.

Answer 2

既然你因為一d原因唔想繼續進行個case，

咁你乜都唔使做，唔駛通知法庭，

等份writ 過12個月有效期變無效就算數啦。

唔使要向法庭申請許可。

一來慳返Ｄ錢。

二來第日如果你改變主意想繼續，

咁一年內再繼續都得。

2015-07-10 00:58:35 補充：

To 匿名 發問者：

我唔知點解你揀G既答案，希望唔係因為佢用咗好多法律名詞啦！

Answer 3

thx for your reply.

如果個writ之前 serve 唔到俾被告, 而現階段又唔打算去做 subsituted service, 咁份 notice of discontinuance 即係都依然serve 唔到俾被告, 咁我係咪可以等份writ 過12個月有效期而唔入written notice? 定係要向法庭申請許可?