RE SHEIK RAZAUL

RE SHEIK RAZAUL

The court held that bringing a second application on substantially similar grounds after failing to obtain leave in a prior application amounted to an abuse of process, and accordingly the renewed application was refused/dismissed.

Citation
[2019] HKCFI 2497
Parties
Applicant: Sheik Razaul
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 November 2019
Case Number
HCAL162/2018
Procedural Posture
Constitutional and Administrative Law (judicial Review) / Decision (chambers)
Outcome
Application dismissed for abuse of process; leave refused.
Legal Topics
Relitigation, Abuse of Process, Leave to Apply for Judicial Review
Source Language
EN
Constitutional Law Administrative Law Civil Procedure Relitigation Abuse of Process Leave to Apply for Judicial Review

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Parties

Sheik Razaul

Applicant

Procedural Posture

Constitutional and Administrative Law (judicial Review) / Decision (chambers)

Legal Issues

  1. 1 Whether bringing a second application on similar grounds without obtaining leave constitutes an abuse of process
  2. 2 Whether leave to bring a subsequent application should be granted
  3. 3 Whether the application should be dismissed for abuse of process

Ratio Decidendi

The court held that bringing a second application on substantially similar grounds after failing to obtain leave in a prior application amounted to an abuse of process, and accordingly the renewed application was refused/dismissed.

Court Disposition

Application dismissed for abuse of process; leave refused.

Orders

  • Summons dismissed
  • Leave to apply refused