21 Mar 2014
HONG KONG TELECOMMUNICATIONS (HKT) LTD v. THE COMMUNICATIONS AUTHORITY
- Citation
- HONG KONG TELECOMMUNICATIONS (HKT) LTD v. THE COMMUNICATIONS AUTHORITY
- Court
- Court of Appeal
- Case number
- CACV190/2013
Leave to appeal was refused because the questions relied upon were fact‑sensitive and not of great general or public importance, the OFCA decision point was not properly raised below and lacked notice such that it was inappropriate to elevate it to the Court of Final Appeal, the 'truly engaged' test remains the correct test for jurisdictional issues involving negative decisions and its application depends on factual analysis of the correspondence and background, and no exceptional circumstances justified leave on the 'or otherwise' ground; costs awarded to the appellant.