Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Dismissal as otiose

Legal area

Court

27 May 2022

NALUMU ESTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2022] HKCFI 1387
Court

Court of First Instance
Case number

HCAL1432/2020

Leave to apply for judicial review was dismissed because the applicant expressly cancelled the application and, applying settled authorities, granting relief would be otiose as the relevant detriment had been removed.
20 Apr 2022

HARWINDER SINGH v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2022] HKCFI 999
Court

Court of First Instance
Case number

HCAL1357/2020

Leave to apply for judicial review was refused because the applicant had affirmatively withdrawn the application and the remedy would serve no practical purpose; the court exercised its discretion to dismiss the leave application as otiose in reliance on AW v Director of Immigration and authoritative texts on judicial review.
26 Aug 2021

LOVEPREET SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2021] HKCFI 2481
Court

Court of First Instance
Case number

HCAL118/2021

The applicant expressly sought to withdraw his application and had no intention of proceeding; therefore the court exercised its discretion to dismiss the leave application as granting relief would be otiose and serve no practical purpose.