Hong Kong Case Law: Decisions & Judgments

Topic

Discretionary refusal of relief

Legal area

Court

9 Dec 2025

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

Citation

[2025] HKCFI 6132
Court

Court of First Instance
Case number

HCAL2068/2024

The leave application was dismissed because it was filed out of time without explanation and no extension of time was warranted under the AW criteria; the applicant withdrew the application and the circumstances rendered the claim moot so granting leave would be otiose; accordingly leave is refused and the application to withdraw is refused as an independent interlocutory step and the substantive leave application is dismissed.
16 Jun 2017

LUCKY POWER LTD v. LAM, PHILIP YUNG TAK and/or other occupiers AND ANOTHER

Citation

LUCKY POWER LTD v. LAM, PHILIP YUNG TAK and/or other occupiers AND ANOTHER
Court

Court of First Instance
Case number

HCMP3331/2016

Leave to appeal was refused because the notices and affirmations raised no question of great general or public importance as required by s22(1)(b) Cap 484, and the Court properly exercised its discretion to refuse extension of time given long unexplained delay, lack of merit in the intended appeal, prejudice to the other party and inadmissible late evidence; additionally Mr Lam had no authority to represent the 2nd defendant so his summonses were not validly made on its behalf.
11 Mar 2011

WING FAI CONSTRUCTION CO LTD (In Liquidation) v. CHENG KIT YIN KELLY AND OTHERS

Citation

WING FAI CONSTRUCTION CO LTD (In Liquidation) v. CHENG KIT YIN KELLY AND OTHERS
Court

Court of Appeal
Case number

CACV249/2010

The summons for security for costs by the 1st Defendant was dismissed because it was deliberately delayed and not promptly brought after the appeal was set down; the lateness would prejudice the Company given the time-consuming liquidation procedures to release funds, and therefore the exercise of the court's discretion required refusal of the application.
24 Aug 1983

LEE CHUEN t/a LEE CHUEN FURNITURE CO v. DUNWELL INVESTMENTS LTD

Citation

LEE CHUEN t/a LEE CHUEN FURNITURE CO v. DUNWELL INVESTMENTS LTD
Court

Court of First Instance
Case number

HCA6387/1983

The court held Attlee Investments Limited had no jurisdiction to obtain a stay preventing execution because execution by fieri facias is not a "pending action or proceeding" within s181 and Order 47 r1 confines application rights to parties liable to execution; alternatively, even if jurisdiction existed the court would refuse to exercise its discretion because of material non-disclosure on the ex parte application, the lateness of the application, doubts as to bona fides and unacceptable prejudice to the plaintiff.

Hong Kong Case Law

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

LUCKY POWER LTD v. LAM, PHILIP YUNG TAK and/or other occupiers AND ANOTHER

WING FAI CONSTRUCTION CO LTD (In Liquidation) v. CHENG KIT YIN KELLY AND OTHERS

LEE CHUEN t/a LEE CHUEN FURNITURE CO v. DUNWELL INVESTMENTS LTD