Hong Kong Case Law: Decisions & Judgments

Topic

Court practice directions

Legal area

Court

2 Jan 2025

RE ERIK FEBRIYANTI

Citation

[2025] HKCA 25
Court

Court of Appeal
Case number

CACV329/2024

Leave to apply for judicial review and the appeal were dismissed because the applicant failed to identify any error of law, procedural unfairness or irrationality in the Board's decision such that judicial review would be justified, and the court will not usurp the Board's primary fact-finding role particularly on credibility issues; additionally the applicant failed to comply with practice directions, was debarred from further submissions and had no realistic prospect of success.
28 Jul 2022

RE LUU THI NAM

Citation

[2022] HKCFI 2155
Court

Court of First Instance
Case number

HCAL1766/2018

The applicant's unexplained failure to issue an originating summons within the mandatory period (and over a two-year delay) justified the court exercising its powers under Order 42 r 2 and Practice Direction-16.5 to order that unless the originating summons is issued within 14 days the application is deemed abandoned, the leave is set aside and the application dismissed forthwith.
11 Jun 2021

RE VARGAS ARNELYN VICENTE

Citation

[2021] HKCA 844
Court

Court of Appeal
Case number

CACV302/2020

The application for leave to appeal to the Court of Final Appeal was refused because the applicant failed to demonstrate any arguable error in the Court of Appeal's judgment, the matters advanced had been considered and rejected with reasons, and no question of great general or public importance was shown to warrant submission to the CFA.
8 Aug 2018

CHU KWOK KEE KOOKIE v. CHU KWOK BING AND ANOTHER

Citation

[2018] HKCFI 1806
Court

Court of First Instance
Case number

HCAP8/2018

The 1st defendant failed to establish grounds for summary dismissal; Order 34 r 2 did not apply because no period to set the action down had been fixed; the disputed issues of testamentary capacity and conflicting medical evidence are triable issues requiring a full trial with oral testimony and cross-examination; accordingly the defendant's summonses were dismissed and the action will proceed to trial.

Hong Kong Case Law

RE ERIK FEBRIYANTI

RE LUU THI NAM

RE VARGAS ARNELYN VICENTE

CHU KWOK KEE KOOKIE v. CHU KWOK BING AND ANOTHER