27 Jul 2021
Leave to apply for judicial review was refused and the appeal dismissed because the application was more than three months late without explanation and the Director lawfully refused permission for a subsequent non-refoulement claim under section 37ZO (no significant change and no realistic prospect of success); no error of law, irrationality or procedural unfairness was shown.
21 Mar 2014
Leave to appeal was refused because the questions relied upon were fact‑sensitive and not of great general or public importance, the OFCA decision point was not properly raised below and lacked notice such that it was inappropriate to elevate it to the Court of Final Appeal, the 'truly engaged' test remains the correct test for jurisdictional issues involving negative decisions and its application depends on factual analysis of the correspondence and background, and no exceptional circumstances justified leave on the 'or otherwise' ground; costs awarded to the appellant.
2 Apr 2009
The Appeal Board may state a case to the Court of Appeal both during and after its decision; jurisdiction under section 32N requires that the Authority's decision involve an opinion that a licensee has engaged or will engage in specific conduct contravening sections 7K/7L; retention of Any-to-Any as a policy measure to minimise disruption and preserve public interest does not, without evidence of specific anti-competitive conduct, engage sections 7K or 7L and therefore does not give PCCW standing to appeal under s32N; accordingly PCCW's challenge failed and costs were awarded provisionally to…