陳家文 對 地政總署署長

陳家文 對 地政總署署長

Permission to apply for judicial review refused because the applicant failed to comply with the mandatory requirement to state relief and grounds in Form 86 and, substantively, the challenged decisions were land-management decisions by the Director as landowner that are not justiciable; consequently the interim...

Source-derived case information.

Citation
[2022] HKCFI 2912
Parties
Applicant: 陳家文; Respondent: 地政總署署長
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 September 2022
Case Number
HCAL90/2022
Procedural Posture
Judicial Review (constitutional and Administrative Litigation) / Permission (leave) Stage and Interlocutory Stage (injunction Summons)
Outcome
Permission refused; interim injunction summons dismissed; applicant ordered to pay respondent's costs.
Legal Topics
Judicial Review, Leave to Apply for Judicial Review, Interim Injunction, Squatter House Registration/cancellation, Non Justiciability of Land Management Decisions
Source Language
ch
Administrative Law Constitutional Law Land Law Civil Procedure Judicial Review Leave to Apply for Judicial Review Interim Injunction Squatter House Registration/cancellation +1 more

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Parties

陳家文

Applicant

地政總署署長

Respondent

Procedural Posture

Judicial Review (constitutional and Administrative Litigation) / Permission (leave) Stage and Interlocutory Stage (injunction Summons)

  1. 1 Non-compliance with Form 86 mandatory content requirement
  2. 2 Whether Director of Lands' decisions about squatter house registration are justiciable/public law
  3. 3 Whether warning letter and subsequent enforcement actions can be challenged by judicial review

Ratio Decidendi

Permission to apply for judicial review refused because the applicant failed to comply with the mandatory requirement to state relief and grounds in Form 86 and, substantively, the challenged decisions were land-management decisions by the Director as landowner that are not justiciable; consequently the interim injunction summons was dismissed and costs awarded to the respondent.

Court Disposition

Permission refused; interim injunction summons dismissed; applicant ordered to pay respondent's costs.

Orders

  • Leave (permission) application dismissed
  • Interim injunction summons dismissed