黃書傑 對 梁振英及另一人

黃書傑 對 梁振英及另一人

The appeal failed because the applicant's applications were vague, lacked arguable grounds and any reasonable prospect of success, repeated previously dismissed claims and amounted to an abuse of process; accordingly leave was refused and a restriction order was properly made to prevent further vexatious proceedings.

Source-derived case information.

Citation
黃書傑 對 梁振英及另一人
Parties
Applicant: 黃書傑; First Named Respondent: 梁振英; Second Named Respondent: 立法會
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
28 November 2014
Case Number
CACV170/2014
Procedural Posture
Civil Judicial Review Appeal / Appeal From Refusal of Leave to Apply for Judicial Review (court of Appeal Judgment)
Outcome
Appeal dismissed; leave refused; restriction order (limitation on commencing new proceedings) granted
Legal Topics
Judicial Review, Leave to Apply, Abuse of Process, Civil Restraint Order / Restriction on Proceedings, Non‑justiciability
Source Language
ch
Administrative Law Civil Procedure Public Law Constitutional Law Judicial Review Leave to Apply Abuse of Process Civil Restraint Order / Restriction on Proceedings +1 more

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Parties

黃書傑

Applicant

梁振英

First Named Respondent

立法會

Second Named Respondent

Procedural Posture

Civil Judicial Review Appeal / Appeal From Refusal of Leave to Apply for Judicial Review (court of Appeal Judgment)

  1. 1 Whether the applicant disclosed arguable grounds and a reasonable prospect of success for judicial review
  2. 2 Whether the applicant's claims were non‑justiciable or outside the remit of judicial review
  3. 3 Whether the applicant was abusing process by repeatedly issuing unarguable proceedings

Ratio Decidendi

The appeal failed because the applicant's applications were vague, lacked arguable grounds and any reasonable prospect of success, repeated previously dismissed claims and amounted to an abuse of process; accordingly leave was refused and a restriction order was properly made to prevent further vexatious proceedings.

Court Disposition

Appeal dismissed; leave refused; restriction order (limitation on commencing new proceedings) granted