Hong Kong Case Law: Decisions & Judgments

Topic

Futility of appeal

Legal area

Court

27 Feb 2025

SULEMAN MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD

Citation

[2025] HKCFI 651
Court

Court of First Instance
Case number

HCAL337/2019

Extension of time was refused because the applicant had a very substantial and inordinate delay of more than 14 months without any good or valid reason, the decision was shown to have been sent to his reported address, the applicant failed to provide any proper draft grounds or particulars of error and therefore there was no reasonable prospect of success; granting an extension would be futile.
6 Oct 2022

RE SRI WAHYUNI

Citation

[2022] HKCFI 2954
Court

Court of First Instance
Case number

HCAL309/2019

Extension of time was refused because the applicant failed to provide a good or corroborated reason for the 13‑day delay and failed to identify any arguable error or put forward proposed grounds showing a reasonable prospect of success, making an extension futile.
13 Nov 2020

RE SOHEL AND OTHERS

Citation

[2020] HKCA 857
Court

Court of Appeal
Case number

CAMP214/2019

Leave to appeal to the Court of Final Appeal was refused because the applicants' notice of motion amounted to mere disagreement, did not raise any question of great general or public importance nor present an arguable point, and their intended appeal lacked merit and was futile; the statutory criteria in s22(1)(b) Cap.484 were not met.
30 Oct 2020

RE SAQIB MEHMOOD

Citation

[2020] HKCA 867
Court

Court of Appeal
Case number

CAMP140/2019

The applicant's Notice of Motion failed to identify any errors of law with sufficient particularity and the intended appeal lacked merit; there was no question of great general or public importance under section 22(1)(b) to justify leave to appeal to the CFA; consequently leave to appeal and the Notice of Motion were refused and dismissed.
14 Oct 2019

RE YAKUBU DANLAD

Citation

[2019] HKCFI 2469
Court

Court of First Instance
Case number

HCAL82/2018

Refused extension of time and leave to appeal because the applicant failed to show good reason for the delay and failed to identify any arguable error or particular of unfairness in the Director's or Board's decisions, such that there was no reasonable prospect of success and granting an extension would be futile.
26 Mar 2019

RE ESQUILLO RIAH MAE ORDIZ

Citation

[2019] HKCFI 610
Court

Court of First Instance
Case number

HCAL196/2018

The application for leave to appeal out of time was refused because the applicant provided only a limited explanation for delay (six weeks) and failed to provide any draft grounds or particulars showing an arguable case; absent any prospect of success, extension would be futile.

Hong Kong Case Law

SULEMAN MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD

RE SRI WAHYUNI

RE SOHEL AND OTHERS

RE SAQIB MEHMOOD

RE YAKUBU DANLAD

RE ESQUILLO RIAH MAE ORDIZ