23 Mar 1983
CHOW WAI HUNG v. THE HONG KONG GOVERNMENT
- Citation
- CHOW WAI HUNG v. THE HONG KONG GOVERNMENT
- Court
- Court of First Instance
- Case number
- HCA951/1983
The Statement of Claim and the action were struck out because the plaintiff's claims were exclusively directed at a public law decision made under Colonial Regulation 59 and, absent any special features or collateral private law claims, proceeding by writ rather than by application for judicial review under Order 53 constituted an abuse of the court's process; therefore the proper remedy is dismissal of the writ and leave to apply for judicial review if appropriate.