有關陳海瀅及另一人的事宜

有關陳海瀅及另一人的事宜

The Court held that the applicants must pursue the statutory appeal and review mechanisms under Cap.492 to challenge the costs order and costs assessment; judicial review cannot be used to bypass those remedies. The first applicant lacked sufficient interest to seek judicial review of an order against her daughter....

Source-derived case information.

Citation
有關陳海瀅及另一人的事宜
Parties
Applicant: 陳海瀅; Applicant: 李銘芳; Respondent: 律政司; Respondent: 潘敏琦 (judge); Respondent: 龍劍雲 (judicial officer)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
6 March 2017
Case Number
CACV273/2015
Procedural Posture
Judicial Review Permission Appeal / Appeal to the Court of Appeal Against Refusal of Permission to Apply for Judicial Review
Outcome
Appeal dismissed; permission to apply for judicial review refused
Legal Topics
Permission to Apply for Judicial Review, Standing (sufficient Interest), Statutory Appeal Routes Vs Judicial Review, Abuse of Process, Costs Assessment
Source Language
ch
Administrative Law Civil Procedure Criminal Costs Judicial Review Permission to Apply for Judicial Review Standing (sufficient Interest) Statutory Appeal Routes Vs Judicial Review Abuse of Process +1 more

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Summary, issues, holding and outcome

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Parties

陳海瀅

Applicant

李銘芳

Applicant

律政司

Respondent

潘敏琦 (judge)

Respondent

龍劍雲 (judicial officer)

Respondent

Procedural Posture

Judicial Review Permission Appeal / Appeal to the Court of Appeal Against Refusal of Permission to Apply for Judicial Review

  1. 1 Whether the applicants should be granted permission to apply for judicial review of a costs order and costs assessment
  2. 2 Whether the first applicant (mother) has sufficient interest/standing to seek judicial review of a costs order made against her daughter
  3. 3 Whether statutory appeal and review mechanisms under Cap.492 preclude judicial review in this context

Ratio Decidendi

The Court held that the applicants must pursue the statutory appeal and review mechanisms under Cap.492 to challenge the costs order and costs assessment; judicial review cannot be used to bypass those remedies. The first applicant lacked sufficient interest to seek judicial review of an order against her daughter. The lower court judge's refusal to grant permission was lawful and supported by reasons; the grant of permission was properly refused as an abuse of process. The appeal was dismissed and permission to apply for judicial review refused.

Court Disposition

Appeal dismissed; permission to apply for judicial review refused

Orders

  • Appeal dismissed
  • Permission to apply for judicial review refused