何秀娟 對 VTC法團註冊人

何秀娟 對 VTC法團註冊人

The Court dismissed the appeal because the dispute was a private employment/contractual matter not amenable to judicial review, supported by precedent (Chik Po Yee), and because the appellant's attempt to rely on Hong Kong Bill of Rights Ordinance s10 was raised for the first time on appeal and was both unpleaded in...

Source-derived case information.

Citation
何秀娟 對 VTC法團註冊人
Parties
Appellant: HO SAU KUEN, TERESA (何秀娟); Respondent: VTC 法團註冊人
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
16 March 2016
Case Number
CACV88/2011
Procedural Posture
Judicial Review (civil/public Law) / Court of Appeal – Appeal Against Refusal of Leave to Apply for Judicial Review
Outcome
Appeal dismissed
Legal Topics
Justiciability of Employment Disputes, Permission for Judicial Review, Time Limits and Delay in Judicial Review, Raising New Grounds on Appeal, Right to Fair Hearing (bill of Rights)
Source Language
ch
Administrative Law Public Law Employment Law Civil Procedure Justiciability of Employment Disputes Permission for Judicial Review Time Limits and Delay in Judicial Review Raising New Grounds on Appeal +1 more

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Parties

HO SAU KUEN, TERESA (何秀娟)

Appellant

VTC 法團註冊人

Respondent

Procedural Posture

Judicial Review (civil/public Law) / Court of Appeal – Appeal Against Refusal of Leave to Apply for Judicial Review

  1. 1 Whether the appellant's dispute with Vocational Training Council is justiciable or a private employment contract dispute not amenable to judicial review
  2. 2 Whether leave to apply for judicial review should have been granted
  3. 3 Whether the appellant could rely on Hong Kong Bill of Rights Ordinance s10 at the appeal stage when it was not pleaded originally

Ratio Decidendi

The Court dismissed the appeal because the dispute was a private employment/contractual matter not amenable to judicial review, supported by precedent (Chik Po Yee), and because the appellant's attempt to rely on Hong Kong Bill of Rights Ordinance s10 was raised for the first time on appeal and was both unpleaded in the original forms and made after an inordinate delay of over a year without any exceptional circumstances to justify permitting the new ground.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • All summonses filed by the appellant during the appeal struck out/withdrawn