Anonymous
Anonymous asked in 政治及管治法律及道德 · 6 years ago

想停止/暫停進行法庭案件

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?

3 Answers

Rating
  • Gary
    Lv 7
    6 years ago
    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.

  • 6 years ago

    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!

  • 6 years ago

    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?

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