葉黎穩 對 香港政府

葉黎穩 對 香港政府

The application for permission to appeal out of time was refused because the 20‑day delay was lengthy and unexplained, the proposed appeal had no real prospect of success, and the applicant failed to identify specific statutory provisions or any identifiable legal error by the original judge; accordingly there was...

Source-derived case information.

Citation
[2024] HKCA 521
Parties
Applicant: 葉黎穩; Proposed Respondent: 香港政府; Interested Party: 李家超; Interested Party: 林定國
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
12 June 2024
Case Number
CAMP333/2023
Procedural Posture
Application for Extension of Time to Appeal Against Refusal of Judicial Review Leave / Application for Permission to Appeal Out of Time Decided on Paper
Outcome
Application for extension of time to appeal refused; originating summons/said writ struck out
Legal Topics
Leave to Apply for Judicial Review, Extension of Time, Permission to Appeal, Costs
Source Language
ch
Administrative Law Judicial Review Civil Procedure Leave to Apply for Judicial Review Extension of Time Permission to Appeal Costs

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Parties

葉黎穩

Applicant

香港政府

Proposed Respondent

李家超

Interested Party

林定國

Interested Party

Procedural Posture

Application for Extension of Time to Appeal Against Refusal of Judicial Review Leave / Application for Permission to Appeal Out of Time Decided on Paper

  1. 1 Whether to grant extension of time for appeal against refusal of judicial review leave
  2. 2 Whether the proposed appeal has a real prospect of success
  3. 3 Whether the original judge erred in law or fact in refusing leave

Ratio Decidendi

The application for permission to appeal out of time was refused because the 20‑day delay was lengthy and unexplained, the proposed appeal had no real prospect of success, and the applicant failed to identify specific statutory provisions or any identifiable legal error by the original judge; accordingly there was no basis to overturn the original refusal of leave.

Court Disposition

Application for extension of time to appeal refused; originating summons/said writ struck out

Orders

  • Application for extension of time to appeal refused
  • The originating summons (the writ) for the purported appeal is struck out/dismissed