Hong Kong Case Law: Decisions & Judgments

Topic

Procedural orders

Legal area

Court

25 Sept 2025

MUHAMMAD SAJID v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2025] HKCFI 4110
Court

Court of First Instance
Case number

HCAL1528/2020

The applicant voluntarily withdrew his application for leave after obtaining a Hong Kong Identity Card and affirmed his withdrawal; the Court therefore dismissed the leave application without adjudicating the merits and amended Form 86 to name the correct putative respondent and interested party and to correct the decision date, on the basis that the action should not be left at large.
22 Jul 2025

RASHID HARUN OR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2025] HKCFI 3144
Court

Court of First Instance
Case number

HCAL859/2020

The court accepted the applicant's voluntary withdrawal of the leave application and, citing Re Manik, dismissed the leave application without adjudicating the merits to prevent the action being left at large.
1 Nov 2024

郭文英女士對香港個人資料私隱專員公署及另一人

Citation

[2024] HKCA 997
Court

Court of Appeal
Case number

CAMP373/2023

Because the first defendant unequivocally informed the court that it did not intend to seek costs in relation to the applicant's leave application, the court revoked the earlier order requiring the applicant to pay the first defendant's costs and made no order as to costs between the applicant and the first defendant in respect of that application.
24 Nov 2023

王對陳

Citation

[2023] HKCA 1298
Court

Court of Appeal
Case number

CAMP212/2022

The Court held that the respondent's applications were procedurally improper and substantively without merit: the Court of Appeal's prior order under Order 59(2A)(8) precluded any oral rehearing; the respondent failed to seek leave from the judge as required and did not demonstrate any special or urgent circumstances to justify a direct application to the Court of Appeal; identical applications filed across unrelated CAMP files were improper; accordingly all such applications were revoked and costs awarded to the petitioner.
31 May 2023

BAUTISTA MARY GRACE DELA CRUZ v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2023] HKCFI 1376
Court

Court of First Instance
Case number

HCAL1156/2019

The applicant confirmed her unequivocal intention to cancel the application for leave; applying the Court of Appeal authority in Re Manik Md Mahamudun Nabi that a judge is correct to order dismissal where an applicant withdraws leaving nothing outstanding, the court dismissed the application for leave to apply for judicial review.
27 Dec 2017

PENNY\'S BAY INVESTMENT CO LTD v. DIRECTOR OF LANDS

Citation

PENNY\'S BAY INVESTMENT CO LTD v. DIRECTOR OF LANDS
Court

Court of Final Appeal
Case number

FACV1/2017

The Court applied the conventional rule that costs follow the event, made the order nisi absolute, held PBIC liable for the Director's costs of the substantive appeals including specified leave applications, ordered PBIC to pay 50% of the Director's Court of Appeal costs (including ancillary matters), and ordered PBIC to pay the costs of the written submissions on costs.
30 Apr 2007

WADDINGTON LTD v. CHAN CHUN HOO THOMAS AND OTHERS

Citation

WADDINGTON LTD v. CHAN CHUN HOO THOMAS AND OTHERS
Court

Court of First Instance
Case number

HCA3291/2003

In a double derivative action the nominal company, if properly a party at the interlocutory stage, is presumptively required to give discovery under RHC O 24 r 2; the court's discretion to limit or refuse discovery should be exercised only where discovery is unnecessary to dispose fairly of the action or to save costs, and those grounds were not established here, so discovery must be ordered and a list of documents provided within 28 days.

Hong Kong Case Law

MUHAMMAD SAJID v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

RASHID HARUN OR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

郭文英女士 對 香港個人資料私隱專員公署及另一人

王 對 陳

BAUTISTA MARY GRACE DELA CRUZ v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

PENNY\'S BAY INVESTMENT CO LTD v. DIRECTOR OF LANDS

WADDINGTON LTD v. CHAN CHUN HOO THOMAS AND OTHERS

郭文英女士對香港個人資料私隱專員公署及另一人

王對陳