Hong Kong Case Law: Decisions & Judgments

Topic

Active case management

Legal area

Court

18 Apr 2019

HUSSAIN SAYYED RASHID v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

Citation

[2019] HKCFI 1076
Court

Court of First Instance
Case number

HCAL1930/2018

The application for leave was dismissed for want of prosecution because the applicant failed to attend the hearing and the court, exercising its duty of active case management and relying on appellate authority, has the power to strike out applications for want of prosecution.
12 Apr 2019

SHEIKH YASMEEN ABDULSATTAR v. MS. MAGDALENA WYSOCKA, ESQ. [Decision on Leave Application]

Citation

[2019] HKCFI 989
Court

Court of First Instance
Case number

HCAL1921/2018

The application for leave to apply for judicial review was dismissed for want of prosecution because the applicant failed to attend the listed hearing and the court, exercising its active case management powers as affirmed by Re: Ahmed Syed Rafiq [2018] HKCA 178, is entitled to strike out or dismiss proceedings for want of prosecution.
13 Mar 2019

PURJA BINOD v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2019] HKCFI 704
Court

Court of First Instance
Case number

HCAL1929/2018

The applicant's absence from the scheduled hearing and failure to prosecute justified dismissal of the leave application: the court, exercising its duty of active case management and its power to strike out for want of prosecution (as recognised in Re: Ahmed Syed Rafiq and Choy Bing Wing), dismissed the application for want of prosecution.
22 Feb 2019

SOHAIL MUHAMMAD v. THE DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

Citation

[2019] HKCFI 518
Court

Court of First Instance
Case number

HCAL1591/2018

The application for leave was dismissed for want of prosecution because the applicant failed to attend the scheduled hearing and the court, exercising its duty of active case management and relying on precedents (notably Re: Ahmed Syed Rafiq and Choy Bing Wing), has the power to strike out proceedings for want of prosecution under the Rules of the High Court (Order 53).
8 Feb 2019

ZAHEER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2019] HKCFI 339
Court

Court of First Instance
Case number

HCAL1602/2018

The application for leave was dismissed for want of prosecution because the applicant did not attend the hearing and the court is entitled, under its active case management powers and authority in Re: Ahmed Syed Rafiq, to strike out proceedings for want of prosecution.
1 Feb 2019

MAMUN AZAD AL v. THE DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

Citation

[2019] HKCFI 319
Court

Court of First Instance
Case number

HCAL1588/2018

The applicant's failure to attend the scheduled hearing and to prosecute the leave application justified dismissal for want of prosecution; the court exercised its active case management power to strike out the application as an abuse of process, following the Court of Appeal authority in Re: Ahmed Syed Rafiq and related authority.
31 Jan 2019

SHEIKH BADRUL v. GREGORY BROCK, ESQ. [Decision on Leave Application]

Citation

[2019] HKCFI 297
Court

Court of First Instance
Case number

HCAL1582/2018

The application for leave was dismissed for want of prosecution because the applicant did not attend the scheduled hearing and the court, exercising its duty of active case management and following appellate authority, is empowered to strike out the application for that reason.
9 Jan 2019

LAMA WANGCHHU v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

Citation

[2019] HKCFI 98
Court

Court of First Instance
Case number

HCAL1569/2018

The application is dismissed for want of prosecution because the applicant failed to attend the scheduled hearing; the court exercised its power to strike out under active case management as affirmed in Re: Ahmed Syed Rafiq [2018] HKCA 178.
9 Jan 2019

RAI SANJAY v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

Citation

[2019] HKCFI 97
Court

Court of First Instance
Case number

HCAL1220/2018

The applicant's absence at the scheduled hearing and lack of prosecution justified dismissal under the Court's established power to strike out proceedings for want of prosecution as an exercise of active case management.
14 Dec 2018

MD MASUD RANA v. MS ALEXANDRA LO, ESQ [Decision on Leave Application]

Citation

[2018] HKCFI 2758
Court

Court of First Instance
Case number

HCAL1182/2018

The application was dismissed for want of prosecution because the applicant failed to attend the hearing and the court, exercising its duty of active case management and relying on appellate authority, has power to strike out applications that are not prosecuted.