溫泓祥 對 法律援助署署長

溫泓祥 對 法律援助署署長

The court refused to extend time and denied permission because the proposed appeal and judicial review had no reasonable prospect of success given earlier determinations on clause 3.6, the applicant's appeal had been automatically dismissed for non-payment of security for costs, and the Director's s11 order was a...

Source-derived case information.

Citation
[2019] HKCA 1268
Parties
Applicant: 溫泓祥; Respondent: 法律援助署署長
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
13 November 2019
Case Number
CAMP155/2019
Procedural Posture
Judicial Review of Legal Aid Decision and Appeal / Application for Extension of Time to Appeal and for Permission to Apply for Judicial Review
Outcome
Application for extension of time refused; no permission for judicial review granted; no order as to costs.
Legal Topics
Judicial Review, Extension of Time, Res Judicata, Wednesbury Unreasonableness, Legal Aid Regulation S11, Security for Costs
Source Language
ch
Administrative Law Civil Procedure Legal Aid Judicial Review Extension of Time Res Judicata Wednesbury Unreasonableness Legal Aid Regulation S11 +1 more

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Parties

溫泓祥

Applicant

法律援助署署長

Respondent

Procedural Posture

Judicial Review of Legal Aid Decision and Appeal / Application for Extension of Time to Appeal and for Permission to Apply for Judicial Review

  1. 1 Whether to extend time for appeal against refusal of leave to apply for judicial review
  2. 2 Whether Director of Legal Aid lawfully exercised power under Legal Aid Regulations s11 to refuse future applications
  3. 3 Whether the applicant is barred by res judicata from relitigating interpretation of policy clause 3.6

Ratio Decidendi

The court refused to extend time and denied permission because the proposed appeal and judicial review had no reasonable prospect of success given earlier determinations on clause 3.6, the applicant's appeal had been automatically dismissed for non-payment of security for costs, and the Director's s11 order was a lawful, proportionate response to repeated meritless legal aid applications.

Court Disposition

Application for extension of time refused; no permission for judicial review granted; no order as to costs.

Orders

  • Extension of time to appeal refused
  • Application for leave to apply for judicial review not entertained at this stage and refused in effect