Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Futility doctrine

Legal area

Court

17 Aug 2023

MAJEED NONA RAFEEDA v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER

Citation

[2023] HKCFI 2074
Court

Court of First Instance
Case number

HCAL894/2019

Refusal to extend time was justified because the four-month delay was substantial and inordinate without acceptable explanation or corroboration, the applicant failed to identify any arguable error or provide draft grounds demonstrating a realistic prospect of success, and therefore extension would be futile and was refused.
9 Nov 2007

CP SHIPS USA LLC v. CHIEF EXECUTIVE OF THE HKSAR

Citation

CP SHIPS USA LLC v. CHIEF EXECUTIVE OF THE HKSAR
Court

Court of Appeal
Case number

CACV204/2007

The court refused leave to appeal because judicial review relief is discretionary and will be refused where remittal would be futile (the Chief Executive would likely reach the same conclusion despite any wrong impression); the applicant had adequate opportunity to present policy arguments to the executive; and the issues did not raise questions of general or public importance warranting the Court of Final Appeal's intervention.