Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Commercial tort damages

Legal area

Court

29 Apr 2019

YEUNG KWONG TAT (EDWARD) v. OFFICIAL RECEIVER’S OFFICE

Citation

[2019] HKCFI 1097
Court

Court of First Instance
Case number

HCAL1004/2019

Leave to apply for judicial review was refused because the applications were not supported by the required verifying affidavit, sought inappropriate private law remedies (damages and recovery of property from computer records) that cannot properly be granted in judicial review, contained unintelligible grounds contrary to Order 53 requirements, and impermissibly attempted to challenge prior judicial orders; the applications were not reasonably arguable and had no realistic prospect of success.
29 Apr 2019

YEUNG KWONG TAT (EDWARD) v. HONG KONG INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS, REGISTRARS, COUNCIL MEMBERS

Citation

[2019] HKCFI 1097
Court

Court of First Instance
Case number

HCAL1005/2019

Leave to apply for judicial review was refused because the applications failed key procedural and substantive thresholds: no affidavit verifying factual allegations as required by Order 53 r 3(2)(b); the relief sought (commercial tort damages and recovery of property within court computer records) is not appropriate relief in judicial review proceedings; the grounds were unintelligible and failed Order 53 r 3(2)(a)(iii); and the applications impermissibly sought to challenge final High Court/Court of Appeal orders where judicial review does not lie. Consequently the applications had no realis…