Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Threshold for leave to apply for judicial review
  • 9 Jan 2014

    THE SECRETARY OF THE MEDICAL COUNCIL OF HONG KONG v. THE MEDICAL COUNCIL OF HONG KONG AND ANOTHER

    Citation
    THE SECRETARY OF THE MEDICAL COUNCIL OF HONG KONG v. THE MEDICAL COUNCIL OF HONG KONG AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCAL116/2013

    There were no exceptional circumstances warranting an award of costs: the Interested Party raised no separate or novel issue beyond that which the Putative Respondent addressed, counsel did not provide material assistance sufficient to justify costs, and the leave application failed on the evidential threshold (unable to infer the receipt was issued to a patient); accordingly the application for costs was refused and no order as to costs was made.

    • Costs at leave stage
    • Exceptional circumstances for costs
    • Representation of interested parties
    • Threshold for leave to apply for judicial review
    • Proof by inference