Hong Kong Case Law: Decisions & Judgments

Topic

Judicial review of tribunal decision

Legal area

Court

23 May 2024

RAI RICHA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2024] HKCFI 1290
Court

Court of First Instance
Case number

HCAL286/2024

Leave to apply for judicial review was refused because the applicant failed to demonstrate a realistic prospect of success; the Board's adverse credibility findings and conclusions that state protection and internal relocation were available were open to it and did not disclose error of law, irrationality or procedural unfairness.
29 Apr 2024

TSANG CHI WOON t/a ON-LINE WORKSHOP v. BOX DESIGN LTD

Citation

[2024] HKCFI 1134
Court

Court of First Instance
Case number

HCSA28/2024

The Adjudicator's reasons — overlapping issues and projects, respondent's defence being essentially set-off to the District Court action, and identity of parties and witnesses — constituted good and sufficient reasons in the interests of justice to transfer the Small Claims Actions to the District Court; the court on review under s27 confirmed the transfer and upheld avoidance of duplicative proceedings.
11 Sept 2023

譚炳瑞 v. 上訴審裁小組(建築物條例)

Citation

[2023] HKCFI 2001
Court

Court of First Instance
Case number

HCAL1067/2023

The BAT's factual finding that the Disputed Portion was an originally unenclosed balcony as shown on the approved plans was not irrational; the applicant's assertions did not disclose a reasonably arguable public law error and the four‑month delay was unjustified and prejudicial, so leave was refused and the out‑of‑time application dismissed.
26 Jan 2017

RE ASGHAR IBRAR

Citation

RE ASGHAR IBRAR
Court

Court of First Instance
Case number

HCAL9/2016

The Adjudicator's refusal to allow late filing was Wednesbury unreasonable because he failed to inquire into and consider relevant facts within the TCAB's knowledge (when the applicant actually received the Director's decision and CIC mailing practices affecting detainees), and TCAB must, under s37ZT(2), consider all relevant matters and the overall justice of the case; accordingly the TCAB decision dated 31 December 2015 is quashed and the notice of appeal is remitted to TCAB for reconsideration in light of these findings.
4 Jul 2007

COMEBRIGHT DEVELOPMENT LTD v. COMMISSIONER OF INLAND REVENUE

Citation

COMEBRIGHT DEVELOPMENT LTD v. COMMISSIONER OF INLAND REVENUE
Court

Court of Appeal
Case number

CACV344/2006

The Court dismissed the appeals: the Board and judge were entitled to reject the appellants' evidence that the profits were capital in nature; appellants bore the onus under s68(4) and failed to discharge it; the Board was not required to make an express finding that appellants were carrying on a trade where appellants' sole contention was that the profits were capital and that contention was rejected on the evidence, and the Board's conclusion was one reasonably open on the record.

Hong Kong Case Law

RAI RICHA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

TSANG CHI WOON t/a ON-LINE WORKSHOP v. BOX DESIGN LTD

譚炳瑞 v. 上訴審裁小組(建築物條例)

RE ASGHAR IBRAR

COMEBRIGHT DEVELOPMENT LTD v. COMMISSIONER OF INLAND REVENUE