Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Dismissal for want of prosecution/withdrawal

Legal area

Court

29 Jul 2025

NGUYEN THI MUNG v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2025] HKCFI 2947
Court

Court of First Instance
Case number

HCAL1056/2023

The applicant's unopposed, voluntary withdrawal left no outstanding matter; consistent with authority the correct disposition is dismissal of the leave application rather than leaving the action at large, therefore leave to apply for judicial review is dismissed.
8 Apr 2025

NGUYEN NGOC ANH AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2025] HKCFI 1154
Court

Court of First Instance
Case number

HCAL1422/2023

Leave to apply for judicial review was dismissed because there was nothing outstanding in the action, the 2nd applicant requested dismissal, and the court followed the established principle that where an action has been abandoned or nothing remains to be decided it is appropriate to dismiss the application rather than leave the action at large, as supported by Manik Md Mahamudun Nabi [2022] HKCA 471 and Order 53 practice.