想停止/暫停進行法庭案件

2015-07-05 8:46 pm
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!!!
更新1:

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?

回答 (3)

2015-07-05 11:38 pm
✔ 最佳答案
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.
2015-07-06 8:48 am
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!
2015-07-06 12:35 am
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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