Hong Kong Case Law: Decisions & Judgments

Topic

Debarment for non‑compliance

Legal area

Court

23 Oct 2024

XU HONGBIAO v. OASIS INVESTMENT GROUP LTD AND OTHERS

Citation

[2024] HKCA 988
Court

Court of Appeal
Case number

CAMP350/2023

Given the prolonged knowledge of the counterclaim by D2, prior de facto and formal extensions and an earlier unless order, and absence of a satisfactory explanation for delay after refusal of leave to appeal, the court exercised its discretion to limit further delay by granting a short extension of 21 days and imposing an unless order with debarment and an award of costs fixed at $33,085.
5 May 2022

YOE HAN YAUW v. YOE HAN HIAN AND OTHERS

Citation

[2022] HKCFI 1268
Court

Court of First Instance
Case number

HCA1332/2018

Appeal allowed because signed supplemental witness statements were ultimately provided and, viewed broadly and in context, address the remaining issue (whether PRC land was partnership asset or held on trust), are relevant and admissible and would assist the court at trial; objections as to select inconsistencies or repetition are matters for trial; accordingly leave granted to file and serve the supplemental statements and the specified costs orders made.
15 Nov 2021

RE KHYBAR

Citation

[2021] HKCA 1667
Court

Court of Appeal
Case number

CAMP120/2021

Dismissal of the extension application was warranted because the applicant failed to provide a reasonable explanation for the delay, advanced no arguable grounds of appeal, and the judge below committed no legal or procedural error in refusing leave to apply for judicial review; judicial review is not a rehearing of the Board's factual assessments.
26 Aug 2021

RE VILLAREAL ESPERANZA VALDEZ

Citation

[2021] HKCA 1197
Court

Court of Appeal
Case number

CAMP175/2019

The application for leave to appeal was dismissed because the applicant failed to identify any question of great general or public importance under section 22(1)(b) Cap 484 and did not disclose any reasonably arguable ground of appeal; there was no basis to grant leave under the "otherwise" limb.
28 Jun 2019

RAHMAN MOHAMMAD HAFIZUR v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2019] HKCA 721
Court

Court of Appeal
Case number

CACV549/2018

The Notice of Motion for leave to appeal was dismissed because the applicant was properly debarred from relying on written submissions lodged after the deadline set by an Unless Order with no application for further extension or explanation for delay, and because the grounds advanced did not disclose any question of great general or public importance nor any basis under the 'or otherwise' limb of s22(1)(b) to grant leave.
2 Nov 2018

RE MOHAMMAD AMIN UDDIN MONDOL

Citation

[2018] HKCA 788
Court

Court of Appeal
Case number

CACV323/2018

Leave to apply for judicial review was refused and the refusal upheld on appeal because the applicant's grounds were broad, vague and lacking particulars; the Board's adverse credibility finding (after seeing and hearing the applicant) was decisive and insulated the decision from COI challenges; there was no demonstrated error of law or procedural unfairness by the Director or the Board; the late/new ground was inadmissible; and the applicant's failure to comply with directions justified debarment from lodging submissions and dealing with the appeal on paper.

Hong Kong Case Law

XU HONGBIAO v. OASIS INVESTMENT GROUP LTD AND OTHERS

YOE HAN YAUW v. YOE HAN HIAN AND OTHERS

RE KHYBAR

RE VILLAREAL ESPERANZA VALDEZ

RAHMAN MOHAMMAD HAFIZUR v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE

RE MOHAMMAD AMIN UDDIN MONDOL