鄧淑珍 對 終審法院司法常務官

鄧淑珍 對 終審法院司法常務官

The appeal is dismissed because the registrar's summons under r.7(1) and the Appeal Committee's dismissal under r.7(2), read with s.18(3) of the Court of Final Appeal Ordinance, mark the decision as final and not subject to judicial review; the applicant presented no reasonably arguable case and the application...

Source-derived case information.

Citation
[2019] HKCA 413
Parties
Applicant: 鄧淑珍; Respondent: 終審法院司法常務官
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
4 April 2019
Case Number
CACV579/2018
Procedural Posture
Judicial Review / Appeal to Court of Appeal From Refusal of Leave to Apply for Judicial Review
Outcome
Appeal dismissed; application for judicial review refused
Legal Topics
Leave to Appeal, Procedural Fairness, Abuse of Process, Finality of Decisions, Court Rules
Source Language
ch
Administrative Law Civil Procedure Judicial Review Leave to Appeal Procedural Fairness Abuse of Process Finality of Decisions Court Rules

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Parties

鄧淑珍

Applicant

終審法院司法常務官

Respondent

Procedural Posture

Judicial Review / Appeal to Court of Appeal From Refusal of Leave to Apply for Judicial Review

  1. 1 Whether decisions under Rule 7(1) and 7(2) of the Rules of the Hong Kong Court of Final Appeal are subject to judicial review
  2. 2 Whether the applicant can challenge the Appeal Committee's refusal to grant leave where section 18(3) of the Court of Final Appeal Ordinance states the decision is final
  3. 3 Whether the judicial review application constitutes an abuse of process as a collateral attack on final decisions

Ratio Decidendi

The appeal is dismissed because the registrar's summons under r.7(1) and the Appeal Committee's dismissal under r.7(2), read with s.18(3) of the Court of Final Appeal Ordinance, mark the decision as final and not subject to judicial review; the applicant presented no reasonably arguable case and the application amounted to an abuse of process.

Court Disposition

Appeal dismissed; application for judicial review refused

Orders

  • Appeal dismissed
  • Application for judicial review dismissed