Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Dismissal for withdrawal

Legal area

Court

3 Dec 2024

DAO NGOC TRA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2024] HKCFI 3278
Court

Court of First Instance
Case number

HCAL1587/2024

The application for leave to apply for judicial review is dismissed because the applicant voluntarily withdrew the application and there was no outstanding matter, making dismissal the correct disposition under established authority.
20 Aug 2024

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

Citation

[2024] HKCFI 1961
Court

Court of First Instance
Case number

HCAL933/2022

Where an applicant voluntarily withdraws an application for leave to apply for judicial review and there is nothing outstanding in the action, the appropriate course is to dismiss the application rather than leave the action at large, applying Re Manik Md Mahamudun Nabi [2022] HKCA 471.
6 Feb 2024

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

Citation

[2024] HKCFI 247
Court

Court of First Instance
Case number

HCAL371/2021

The application was dismissed because the applicant on his own motion withdrew the application and there was nothing outstanding; the correct disposition is dismissal of the leave application rather than leaving the action at large.