黃國華 v. 中國移動電訊有限公司

黃國華 v. 中國移動電訊有限公司

The application was dismissed because the applicant failed to plead that he was detained or by what authority and failed to describe the nature of the restraint as required by Order 54 r 1(3); additionally the materials did not meet the formal requirements for a judicial review/leave application under Order 53 r 3...

Source-derived case information.

Citation
[2022] HKCFI 3331
Parties
Applicant: Applicant; Respondent: Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 November 2022
Case Number
HCAL1127/2022
Procedural Posture
Habeas Corpus Application / Decision (dismissed)
Outcome
Application dismissed with no order as to costs
Legal Topics
Procedure, Leave to Apply, Form and Pleading Requirements, Nature of Restraint
Source Language
en
Habeas Corpus Administrative Law Judicial Review Procedure Leave to Apply Form and Pleading Requirements Nature of Restraint

Source-derived case record

Summary, issues, holding and outcome

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Habeas Corpus Application / Decision (dismissed)

Legal Issues

  1. 1 Whether the applicant has pleaded detention and the detaining authority sufficient to ground a writ of habeas corpus under RHC Order 54 r 1
  2. 2 Whether the application sets out the nature of the restraint as required by RHC Order 54 r 1(3)
  3. 3 Whether the material filed discloses a properly constituted judicial review/leave application under Order 53 r 3 and Form 86

Ratio Decidendi

The application was dismissed because the applicant failed to plead that he was detained or by what authority and failed to describe the nature of the restraint as required by Order 54 r 1(3); additionally the materials did not meet the formal requirements for a judicial review/leave application under Order 53 r 3 and therefore did not disclose a justiciable application.

Court Disposition

Application dismissed with no order as to costs

Orders

  • Application dismissed
  • No order as to costs