Hong Kong Case Law: Decisions & Judgments

Topic

Dismissal of action

Legal area

Court

2 Sept 2025

AKTER MST SHARMIN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2025] HKCFI 3359
Court

Court of First Instance
Case number

HCAL452/2020

Because the applicant voluntarily withdrew the application and there was no outstanding matter, the court correctly acceded to the withdrawal and dismissed the application; dismissal is the proper procedural disposition in such circumstances relying on authority in Re Manik Md Mahamudun Nabi and Order 53 rules.
28 Jun 2023

SALLAH ASSAN AA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2023] HKCFI 1642
Court

Court of First Instance
Case number

HCAL570/2021

Because the applicant validly applied to withdraw his leave application and there was nothing outstanding in the action, the proper course under the authority of Re Manik was for the court to dismiss the application rather than leave the action at large.
26 Apr 2022

陳財燈對中田貿易有限公司

Citation

[2022] HKDC 352
Court

District Court
Case number

DCCJ562/2021

The appeal was dismissed and the strike‑out order upheld because the statement of claim disclosed no reasonable cause of action in light of the six‑year limitation, the matters were finally decided by earlier tribunal and court rulings (res judicata), the proceedings amounted to an abuse of process, and the appellant gave no satisfactory explanation for the delay in filing a timely appeal so permission for a late appeal was refused.
5 Jul 2007

LEE HUNG CHIU PHILIP v. BECTON DICKINSON ASIA LTD

Citation

LEE HUNG CHIU PHILIP v. BECTON DICKINSON ASIA LTD
Court

Court of First Instance
Case number

HCA2830/2000

Court found there was substantial inexcusable delay but, because the plaintiff conceded the admissibility of the four disputed witness statements and other concessions removed the principal prejudice relied upon by the defendant, the defendant did not establish serious prejudice warranting dismissal; accordingly the summons to strike out for want of prosecution was dismissed but costs of the summons were awarded to the defendant.

Hong Kong Case Law

AKTER MST SHARMIN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

SALLAH ASSAN AA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

陳財燈 對 中田貿易有限公司

LEE HUNG CHIU PHILIP v. BECTON DICKINSON ASIA LTD

陳財燈對中田貿易有限公司