8 Mar 2016
SECRETARY FOR JUSTICE v. MA PO KWAN
- Citation
- SECRETARY FOR JUSTICE v. MA PO KWAN
- Court
- Court of First Instance
- Case number
- HCMP779/2015
Lapse of leave under Order 52 r3(2) renders that grant of leave unusable but does not strip the court of jurisdiction to entertain a fresh application for leave in the same proceedings; the July Orders of 30 July 2015 were fresh leave applications properly constituted; non-payment of any prescribed fee (if required) would amount to an irregularity, not a nullity, and is curable; no material non-disclosure or breach of the duty of candour occurred to justify setting aside the July Orders, so respondents' summonses were dismissed and leave to the Secretary for Justice was upheld.