梅冬庭 對 香港社會福利署

梅冬庭 對 香港社會福利署

The appeal is dismissed because the applicant's complaint that the 1992 medical report was superseded by the 19 March 2015 assessment had already been fully litigated and rejected in earlier judicial-review proceedings and appeals; the present application is therefore a clear abuse of process, further compounded by...

Source-derived case information.

Citation
[2021] HKCA 690
Parties
Applicant: Mei Dung-ting; Respondent: Hong Kong Social Welfare Department
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
14 May 2021
Case Number
CACV27/2021
Procedural Posture
Judicial Review Leave Application / Appeal (court of Appeal)
Outcome
appeal dismissed; leave refused; application struck out as abuse of process
Legal Topics
Judicial Review, Abuse of Process, Res Judicata, Leave to Apply for Judicial Review, Social Security/benefits
Source Language
ch
Administrative Law Constitutional Law Civil Procedure Judicial Review Abuse of Process Res Judicata Leave to Apply for Judicial Review Social Security/benefits

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Parties

Mei Dung-ting

Applicant

Hong Kong Social Welfare Department

Respondent

Procedural Posture

Judicial Review Leave Application / Appeal (court of Appeal)

  1. 1 Whether the applicant's leave application was an abuse of process by repeating matters previously litigated
  2. 2 Whether the 1992 medical assessment enjoyed protection under Basic Law Article 160 such that the Department could not replace it
  3. 3 Whether the application was time-barred/delayed and whether delay was excusable

Ratio Decidendi

The appeal is dismissed because the applicant's complaint that the 1992 medical report was superseded by the 19 March 2015 assessment had already been fully litigated and rejected in earlier judicial-review proceedings and appeals; the present application is therefore a clear abuse of process, further compounded by serious unexplained delay and lack of merits, so leave is refused and the appeal is dismissed.

Court Disposition

appeal dismissed; leave refused; application struck out as abuse of process

Orders

  • Appeal dismissed
  • Leave to apply for judicial review refused