婁愛琴 對 地政總署署長 [Decision on Leave Application]

婁愛琴 對 地政總署署長 [Decision on Leave Application]

The application for permission was refused because the applicant failed to identify any judgment, order, decision or other legal proceeding, sought an impermissible abstract review of policy or law, and did not set out arguable grounds in Form 86; consequently the application was not reasonably arguable and...

Source-derived case information.

Citation
[2024] HKCFI 3243
Parties
Applicant: 婁愛琴; Respondent: 地政總署署長; Interested Party: 地政總處荃灣
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 November 2024
Case Number
HCAL2000/2024
Procedural Posture
Judicial Review (constitutional and Administrative) / Permission Application (leave) Refused
Outcome
Permission to apply for judicial review refused; no order as to costs
Legal Topics
Leave to Apply for Judicial Review, Justiciability, Procedural Requirements for Form 86, Abstract Challenge to Policy
Source Language
ch
Constitutional Law Administrative Law Judicial Review Public Law Leave to Apply for Judicial Review Justiciability Procedural Requirements for Form 86 Abstract Challenge to Policy

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Parties

婁愛琴

Applicant

地政總署署長

Respondent

地政總處荃灣

Interested Party

Procedural Posture

Judicial Review (constitutional and Administrative) / Permission Application (leave) Refused

  1. 1 Whether the application related to any judgment, order, decision or other legal proceeding
  2. 2 Whether the applicant had identified a specific administrative decision subject to judicial review
  3. 3 Whether an abstract challenge to policy or law is justiciable

Ratio Decidendi

The application for permission was refused because the applicant failed to identify any judgment, order, decision or other legal proceeding, sought an impermissible abstract review of policy or law, and did not set out arguable grounds in Form 86; consequently the application was not reasonably arguable and permission must be denied.

Court Disposition

Permission to apply for judicial review refused; no order as to costs

Orders

  • Permission refused
  • No order as to costs