Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Otioseness of remedies

Legal area

Court

6 May 2026

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

Citation

[2026] HKCFI 2577
Court

Court of First Instance
Case number

HCAL2059/2024

The court refused the applicant's attempt to withdraw the leave application because it is inappropriate to leave the action at large and proceeded to dismiss the leave application on the ground that the applicant's asserted risk had been resolved and any remedy would be otiose; therefore granting leave would serve no practical purpose even if errors existed in the Board's decision.
30 Sept 2025

NUPUR ISRAT ZAHAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2025] HKCFI 4598
Court

Court of First Instance
Case number

HCAL1535/2022

The leave application was refused and dismissed because it was filed out of time without a meritorious basis: the Board's decision showed no error of law, procedural unfairness, or irrationality after anxious scrutiny; the grounds pleaded were general and lacked particulars; and the claim was otiose because the applicant confirmed it was safe to return.