莊裕安 對 終審法院及另一人

莊裕安 對 終審法院及另一人

The appeal was dismissed because the proposed judicial review lacked any reasonably arguable grounds; the lower judge correctly held he had no jurisdiction to grant the relief sought in respect of concluded appeals; the allegations of bias and factual assertions were unsupported and insufficient to require recusal;...

Source-derived case information.

Citation
[2022] HKCA 380
Parties
Applicant: 莊裕安; First Suggested Respondent: 終審法院; Second Suggested Respondent: 律政司
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
18 March 2022
Case Number
CACV184/2021
Procedural Posture
Appeal Against Refusal of Leave for Judicial Review / Court of Appeal Determination on Appeal From Refusal of Leave
Outcome
Appeal dismissed
Legal Topics
Leave to Apply for Judicial Review, Judge Recusal, Abuse of Process, Jurisdiction Over Concluded Appeals, Selection of Judges, Costs Assessment
Source Language
ch
Judicial Review Civil Procedure Administrative Law Recusal Costs Leave to Apply for Judicial Review Judge Recusal Abuse of Process +3 more

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Parties

莊裕安

Applicant

終審法院

First Suggested Respondent

律政司

Second Suggested Respondent

Procedural Posture

Appeal Against Refusal of Leave for Judicial Review / Court of Appeal Determination on Appeal From Refusal of Leave

  1. 1 Whether the judge should have granted leave for judicial review
  2. 2 Whether the allegations against multiple judges warranted their recusal
  3. 3 Whether the original court had jurisdiction to grant relief in respect of concluded appeals

Ratio Decidendi

The appeal was dismissed because the proposed judicial review lacked any reasonably arguable grounds; the lower judge correctly held he had no jurisdiction to grant the relief sought in respect of concluded appeals; the allegations of bias and factual assertions were unsupported and insufficient to require recusal; the application amounted to an abuse of process and refusal of leave was correct.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • Applicant to pay the second suggested respondent's costs of this appeal, to be assessed summarily.