梅冬庭 對 香港社會福利署

梅冬庭 對 香港社會福利署

The court held that the judge did not err in refusing leave because the applicant's delay of over three years was inexcusable (the applicant had known of and contested the 2015 assessment), the proposed judicial review had no realistic prospect of success given prior appellate rulings rejecting the same allegations,...

Source-derived case information.

Citation
[2019] HKCA 149
Parties
Applicant: 梅冬庭; Respondent: 香港社會福利署
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
11 February 2019
Case Number
CACV214/2018
Procedural Posture
Judicial Review (leave Application) / Appeal to Court of Appeal (permission Considered Concurrently)
Outcome
appeal dismissed and struck out for lack of permission; application to adduce fresh evidence refused; permission to appeal refused under High Court Ordinance s14AA
Legal Topics
Leave to Apply for Judicial Review, Time Bar and Extension of Time, Admission of Fresh Evidence on Appeal, Medical Assessment of Disability, Basic Law Arts 142 and 160, Privacy and Disclosure of Medical Records, Permission to Appeal Under High Court Ordinance S14 AA
Source Language
ch
Administrative Law Judicial Review Social Welfare Law Constitutional Law Civil Procedure Leave to Apply for Judicial Review Time Bar and Extension of Time Admission of Fresh Evidence on Appeal +4 more

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Parties

梅冬庭

Applicant

香港社會福利署

Respondent

Procedural Posture

Judicial Review (leave Application) / Appeal to Court of Appeal (permission Considered Concurrently)

  1. 1 Whether the applicant established sufficient reason to allow a judicial review application filed more than three years after the relevant decision
  2. 2 Whether the 1992 medical assessment was immune from replacement or revocation and protected by the Basic Law
  3. 3 Whether allegations that intermediate medical reports were forged or that the respondent unlawfully obtained medical records had sufficient evidential basis

Ratio Decidendi

The court held that the judge did not err in refusing leave because the applicant's delay of over three years was inexcusable (the applicant had known of and contested the 2015 assessment), the proposed judicial review had no realistic prospect of success given prior appellate rulings rejecting the same allegations, the Ladd v Marshall criteria for fresh evidence were not satisfied as some documents were already before the court and the remainder were immaterial, and Basic Law arts 142 and 160 do not prevent medical assessments being updated; accordingly permission to appeal under s14AA was refused and the appeal was dismissed/struck out.

Court Disposition

appeal dismissed and struck out for lack of permission; application to adduce fresh evidence refused; permission to appeal refused under High Court Ordinance s14AA

Orders

  • Appeal dismissed and struck out for being filed without permission; permission to appeal refused
  • Application to adduce new evidence on appeal refused (Ladd v Marshall test not met)