王寬裕 對 高等法院聆案官梁文亮先生 [Decision on Leave Application]

王寬裕 對 高等法院聆案官梁文亮先生 [Decision on Leave Application]

Permission was refused because the subject decision falls within the framework of statutory appeal rights under the Legal Aid Ordinance and is not properly susceptible to collateral challenge by judicial review absent illegality, Wednesbury unreasonableness or procedural unfairness, and the applicant's grounds did...

Source-derived case information.

Citation
[2024] HKCFI 3699
Parties
Applicant: Wang Kwan-yu; Suggested Respondent: High Court Master Leung Man-leung (梁文亮)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 January 2025
Case Number
HCAL1729/2024
Procedural Posture
Judicial Review / Permission Application Refused
Outcome
Permission to apply for judicial review refused.
Legal Topics
Judicial Review of Administrative Decisions, Leave/permission to Apply for Judicial Review, Wednesbury Unreasonableness, Finality of Statutory Appeal/decision, Procedural Fairness
Source Language
ch
Administrative Law Constitutional Law Legal Aid Law Civil Procedure Judicial Review of Administrative Decisions Leave/permission to Apply for Judicial Review Wednesbury Unreasonableness Finality of Statutory Appeal/decision +1 more

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Parties

Wang Kwan-yu

Applicant

High Court Master Leung Man-leung (梁文亮)

Suggested Respondent

Procedural Posture

Judicial Review / Permission Application Refused

  1. 1 Whether the High Court Master's dismissal of the applicant's appeal against refusal of legal aid is amenable to judicial review
  2. 2 Whether the applicant's challenge met the threshold of reasonable arguability with realistic prospects of success for grant of permission
  3. 3 Whether there was illegality, Wednesbury unreasonableness or procedural unfairness in the decision

Ratio Decidendi

Permission was refused because the subject decision falls within the framework of statutory appeal rights under the Legal Aid Ordinance and is not properly susceptible to collateral challenge by judicial review absent illegality, Wednesbury unreasonableness or procedural unfairness, and the applicant's grounds did not demonstrate reasonable arguability or realistic prospects of success.

Court Disposition

Permission to apply for judicial review refused.

Orders

  • Refuse permission to apply for judicial review.
  • No order as to costs.