Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Procedural delay/extension of time

Legal area

Court

9 Jan 2024

DAM TUAN ANH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2024] HKCFI 29
Court

Court of First Instance
Case number

HCAL1682/2021

The application for extension of time was refused because of an unexplained and substantial delay (about 3 years 9 months) and the applicant had no realistic prospect of success on the merits; the Court will not overturn the Board's adverse credibility findings or its conclusions on state protection and internal relocation in the absence of error of law, irrationality or procedural unfairness, therefore leave to apply for judicial review was dismissed.
9 Nov 2005

CHAN HO YEUNG JASON v. DR CHANG WAI JULIAN

Citation

CHAN HO YEUNG JASON v. DR CHANG WAI JULIAN
Court

Court of First Instance
Case number

HCPI248/2003

The appeal was dismissed because the plaintiff failed to identify specific documents showing the reason for non-renewal of his licence, the physiotherapy payment records sought were irrelevant and amounted to fishing, a non-party cannot be compelled to confirm existence of additional correspondence beyond specific disclosure, and the four month delay in filing the appeal was unjustified; accordingly the Master's orders including costs were upheld.