Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Quasi-appeal

Legal area

Court

12 Apr 2024

朱潔對陳嘉信（高等法院原訟法庭法官）及另一人 [Decision on Leave Application]

Citation

[2024] HKCFI 1060
Court

Court of First Instance
Case number

HCAL556/2024

The application for leave to bring judicial review was refused because the applicant sought to challenge a final judicial decision — namely the High Court judge's refusal of permission to appeal under s.28(3) of the Small Claims Tribunal Ordinance — which is not susceptible to judicial review; permitting the JR would amount to a prohibited quasi‑appeal and an abuse of process, and the proposed grounds lacked arguable legal basis.
19 Jan 2023

LAM POON SHING 對歐陽浩榮暫委法官

Citation

[2023] HKCA 82
Court

Court of Appeal
Case number

CACV338/2022

The appeal is dismissed because the High Court’s refusal to grant leave to appeal from the Small Claims Tribunal appeal is final under s28(3) of the Small Claims Tribunal Ordinance and therefore not amenable to judicial review; the proposed judicial review would operate as an impermissible quasi-appeal, has no real prospect of success, and amounts to an abuse of process.