有關莊裕安的事宜

有關莊裕安的事宜

The appeal is dismissed because the impugned decisions were judicial decisions not amenable to judicial review, the applicant had and used appellate remedies (and lost), and the proposed judicial review would be an abuse of process; the stay and directions given in relation to the forum non conveniens applications...

Source-derived case information.

Citation
有關莊裕安的事宜
Parties
Applicant: 莊裕安; Respondent: 區慶祥法官; Respondent: 黃健棠(聆案官); Respondent: 羅雪梅(聆案官); Respondent: 梁國安(聆案官); Respondent: 梁俊文(暫委法官); Respondent: 張澤祐(上訴法庭法官); Respondent: 袁家寧(上訴法庭法官); Respondent: 朱芬齡(上訴法庭法官)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
24 June 2016
Case Number
CACV95/2016
Procedural Posture
Appeal Against Refusal of Leave to Apply for Judicial Review / Appellate Judgment on Permission/refusal
Outcome
appeal dismissed
Legal Topics
Permission to Apply for Judicial Review, Abuse of Process, Forum Non Conveniens, Registration of Foreign Judgment, Appeal Vs Judicial Review
Source Language
ch
Civil Procedure Judicial Review Jurisdictional Issues Conflict of Laws/forum Non Conveniens Permission to Apply for Judicial Review Abuse of Process Forum Non Conveniens Registration of Foreign Judgment +1 more

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Parties

莊裕安

Applicant

區慶祥法官

Respondent

黃健棠(聆案官)

Respondent

羅雪梅(聆案官)

Respondent

梁國安(聆案官)

Respondent

梁俊文(暫委法官)

Respondent

張澤祐(上訴法庭法官)

Respondent

袁家寧(上訴法庭法官)

Respondent

朱芬齡(上訴法庭法官)

Respondent

Procedural Posture

Appeal Against Refusal of Leave to Apply for Judicial Review / Appellate Judgment on Permission/refusal

  1. 1 Whether judicial decisions of hearing officers and judges are amenable to judicial review
  2. 2 Whether the applicant's proposed judicial review is an abuse of process intended to circumvent appellate remedies
  3. 3 Whether directions to stay proceedings pending determination of forum non conveniens were procedurally wrong

Ratio Decidendi

The appeal is dismissed because the impugned decisions were judicial decisions not amenable to judicial review, the applicant had and used appellate remedies (and lost), and the proposed judicial review would be an abuse of process; the stay and directions given in relation to the forum non conveniens applications were lawful under the High Court Rules (Cap.4A) Order 12(8)(6A).

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Refusal of leave to apply for judicial review by the original judge is affirmed