Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Alternative remedy (statutory appeal)

Legal area

Court

10 Aug 2021

KWOK CHEUK KIN v. LAU CA CHUN SIMON

Citation

[2021] HKCFI 2335
Court

Court of First Instance
Case number

HCAL1059/2021

Leave to apply for judicial review was refused because the applicant had an available and extant statutory appeal to the Registrar of the High Court (scheduled for hearing) and was to be represented there, making the judicial review application inappropriate or academic.
22 Jul 2021

RE BERMUDEZ EDNA LABADCHAN

Citation

[2021] HKCA 1046
Court

Court of Appeal
Case number

CACV351/2020

The appeal is dismissed because the Form 86 sought to challenge a nonexistent November 2018 decision and was therefore misconceived; the Director's February 2019 decision was subject to a statutory appeal to the TCAB so judicial review was inappropriate absent exceptional circumstances, and any procedural error in hearing the application on paper caused no real prejudice to the applicant.