RE BHUPINDER SINGH

RE BHUPINDER SINGH

The court concluded that, in the absence of particulars, the applicant's unexplained non-appearance and the lack of any indication that he had changed his address (despite a duty to inform the Immigration Department) meant the summons could be dealt with adversely to the applicant.

Citation
[2019] HKCFI 2013
Parties
Applicant: Bhupinder Singh
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 August 2019
Case Number
HCAL794/2017
Procedural Posture
Constitutional and Administrative Law (hcal) / Decision in Chambers
Outcome
Court dealt with the summons adversely to the applicant for non-appearance and failure to provide particulars; applicant failed in duty to notify Immigration Department of any change of address.
Legal Topics
Service of Process, Non Appearance, Duty to Notify Change of Address, Summons Procedure
Source Language
EN
Constitutional and Administrative Law Immigration Service of Process Non Appearance Duty to Notify Change of Address Summons Procedure

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Parties

Bhupinder Singh

Applicant

Procedural Posture

Constitutional and Administrative Law (hcal) / Decision in Chambers

Legal Issues

  1. 1 Whether the summons could be dealt with because the applicant failed to provide further particulars
  2. 2 Whether the applicant's non-appearance justified dismissal or other sanction for want of prosecution
  3. 3 Whether the applicant had a duty to inform the Immigration Department of any change of address and the consequences of failing to do so

Ratio Decidendi

The court concluded that, in the absence of particulars, the applicant's unexplained non-appearance and the lack of any indication that he had changed his address (despite a duty to inform the Immigration Department) meant the summons could be dealt with adversely to the applicant.

Court Disposition

Court dealt with the summons adversely to the applicant for non-appearance and failure to provide particulars; applicant failed in duty to notify Immigration Department of any change of address.