Hong Kong Case Law: Decisions & Judgments

Topic

Finality of decision

Legal area

Court

11 Nov 2025

SULLEY SALISU YUSIF v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2025] HKCFI 5353
Court

Court of First Instance
Case number

HCAL2100/2020

Leave was refused because the applicant provided no specific grounds for challenge, his notice of appeal to the Board was over five months late with an explanation rejected by the Board after applying section 37ZT, there was no evidence supporting a BOR 2 risk and, consistent with binding authority, absence of BOR 3 risk meant no arguable BOR 2 risk; accordingly no arguable case for judicial review existed.
20 Aug 2024

BAUTISTA PRECILLA NORCIO AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2024] HKCFI 2035
Court

Court of First Instance
Case number

HCAL1221/2021

The application to join the third party was refused because his claim had already been finally determined, there was no factual or legal commonality between his claim and the applicants', and the application presented no merit beyond asserting a family relationship.
5 Dec 2023

LAM AR FU PETER v. BUILDING AUTHORITY

Citation

[2023] HKCA 1315
Court

Court of Appeal
Case number

CAMP284/2023

The summons for leave to appeal or extension of time is dismissed because the intended appeal is without reasonable prospect of success: the Costs Orders remain valid and binding until set aside and the BA's issuance of a later building order does not nullify those court orders; therefore extension of time is refused and leave denied if required.
9 Aug 2022

LAM POON SHING 對歐陽浩榮暫委法官

Citation

[2022] HKCFI 2410
Court

Court of First Instance
Case number

HCAL681/2022

Because s28(3) of the Small Claims Tribunal Ordinance renders the Court in its refusal of leave decisions final, an application for judicial review challenging such a refusal is impermissible as a quasi-appeal and must be dismissed.
22 Jun 2022

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

Citation

[2022] HKCFI 1861
Court

Court of First Instance
Case number

HCAL2426/2020

The application for leave to apply for judicial review was dismissed because the Director's Notice was superseded by the Board's decision and was not susceptible to judicial review in light of the statutory appeal under section 37ZR which the applicant had invoked; accordingly the leave application lacked any prospect of success and was dismissed on the merits.
3 Dec 2021

CENTALINE PROPERTY AGENCY LTD v. NGAU WING CHI

Citation

[2021] HKCA 1795
Court

Court of Appeal
Case number

CACV349/2021

Because SCTO s28 makes the refusal of leave by the Court of First Instance final and HCO s13(2)(a) does not create a general right of appeal, and because a judge may properly decide a leave application on paper under the Rules of the High Court, the Notice of Appeal was incompetent and must be struck out.
23 Aug 2021

LAM SIN-YI SINDY v. LEUNG KING-WAI WILLIAM t/a WILLIAM K W LEUNG & CO

Citation

[2021] HKCA 1236
Court

Court of Appeal
Case number

CAMP184/2020

The refusal of leave to appeal by the Court of Appeal is final and not appealable to the Court of Final Appeal; accordingly the Notice of Motion for leave to appeal to the Court of Final Appeal was incompetent and an abuse of process and is dismissed.
31 Mar 2021

李成足對松美工程公司僱主許重暖及另一人

Citation

[2021] HKCA 425
Court

Court of First Instance
Case number

HCMP734/2017

The court refused permission to appeal to the Court of Final Appeal because (1) a decision of the Court of Appeal on granting permission to appeal is not appealable under s14AB High Court Ordinance and (2) the applicant failed to demonstrate any question of great and general or public importance under s22(1)(b) Cap.484; unauthorised filings were disregarded and the application was dismissed.
7 Aug 2019

RE AHMED TOSIF

Citation

[2019] HKCA 787
Court

Court of Appeal
Case number

CAMP196/2018

Leave to appeal to the Court of Final Appeal was refused because the earlier decision refusing leave to appeal out of time is final under s14AB, the applicant failed to identify any question of great general or public importance required by s22(1)(b), raised new points and no arguable grounds or particulars supporting danger or bias were presented, and appellate practice precludes granting leave on new fact‑sensitive points not previously argued.
18 Mar 2019

梁頌恆 v. 立法會主席

Citation

[2019] HKCA 331
Court

Court of Appeal
Case number

CACV425/2018

Because the Court of Appeal's refusal to grant leave to appeal against Chow J was final under s14AB of the High Court Ordinance the notice of motion for leave to appeal to the Court of Final Appeal was misconceived and must be dismissed; consequently the summons to set aside the Registrar's directions was without substratum and also dismissed.