鄭惠芬 對 香港房屋委員會 (房委會)

鄭惠芬 對 香港房屋委員會 (房委會)

The application for out‑of‑time leave is refused because the applicant's delay (approximately one and a half months) is substantial and unexplained, the substantive complaints lack any factual or legal merit so the proposed appeal has no real prospect of success, and the court rules legitimately permitted the...

Source-derived case information.

Citation
[2025] HKCA 1063
Parties
Applicant: Cheng Wai Fan (鄭惠芬); Proposed Respondent: Hong Kong Housing Authority (香港房屋委員會)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
28 November 2025
Case Number
CAMP9/2025
Procedural Posture
Application for Leave to Appeal (out of Time) / Permission Stage (decided on Papers; No Oral Hearing)
Outcome
Application for out‑of‑time leave to appeal refused; originating summons (the subpoena) vacated.
Legal Topics
Leave to Appeal, Extension of Time, Procedural Fairness, Drafting of Court Orders, Summary Costs Assessment
Source Language
ch
Administrative Law Judicial Review Civil Procedure Constitutional Law Costs Leave to Appeal Extension of Time Procedural Fairness +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Cheng Wai Fan (鄭惠芬)

Applicant

Hong Kong Housing Authority (香港房屋委員會)

Proposed Respondent

Procedural Posture

Application for Leave to Appeal (out of Time) / Permission Stage (decided on Papers; No Oral Hearing)

  1. 1 Whether the out‑of‑time application for leave to appeal should be granted
  2. 2 Whether the court acted improperly in accepting a draft order prepared by the respondent
  3. 3 Whether the applicant's alleged breaches of equality and fair hearing rights have factual or legal support

Ratio Decidendi

The application for out‑of‑time leave is refused because the applicant's delay (approximately one and a half months) is substantial and unexplained, the substantive complaints lack any factual or legal merit so the proposed appeal has no real prospect of success, and the court rules legitimately permitted the respondent to lodge a draft order which accurately reflected the court's decision; therefore there are no grounds to extend time and leave is denied.

Court Disposition

Application for out‑of‑time leave to appeal refused; originating summons (the subpoena) vacated.

Orders

  • Application for out‑of‑time leave to appeal refused
  • The originating summons (the 13 January 2025 summons) is struck out/vacated