Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Late filing/delay

Legal area

Court

2 Jul 2025

SADEQUE MOHAMMAD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2025] HKCFI 2681
Court

Court of First Instance
Case number

HCAL338/2020

Leave to apply for judicial review was refused because the applicant failed to identify a reasonably arguable ground with realistic prospects of success; he provided no adequate explanation for the delay in filing the notice and the Board, having considered the merits, lawfully concluded there were no special circumstances to justify allowing the late filing; no error of law, procedural unfairness or irrationality was shown.
29 Aug 2022

陳財燈對唯一冷熱水壺廠有限公司

Citation

[2022] HKDC 873
Court

District Court
Case number

DCCJ1211/2021

The judge exercised discretion to refuse leave because the applicant failed to show any legal error or serious factual error in the earlier decision, the delay was not a material consideration given the merits assessment, the applicant’s allegations (including alleged fabrication) did not demonstrate fraudulent conduct sufficient to overturn the decision, and the substantive issues had been addressed in prior tribunal settlement; therefore the leave application had no realistic prospect of success and was dismissed with costs.