Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Dismissal for no outstanding issues

Legal area

Court

3 Jan 2024

LE VAN CHUNG v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2024] HKCFI 16
Court

Court of First Instance
Case number

HCAL951/2023

The application for leave was dismissed because the applicant expressly withdrew the leave application, leaving nothing outstanding; the dismissal follows the Court of Appeal precedent that dismissal is appropriate in such circumstances.
21 Sept 2023

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

Citation

[2023] HKCFI 2294
Court

Court of First Instance
Case number

HCAL2256/2020

Applicant voluntarily withdrew the application and there was nothing outstanding; applying the Court of Appeal authority in Re Manik Md Mahamudun Nabi [2022] HKCA 471 at 19 and Order 53, the appropriate disposition was to dismiss the leave application.