Hong Kong Case Law: Decisions & Judgments

Topic

Procedural fairness and case management

Legal area

Court

3 Apr 2024

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

Citation

[2024] HKCFI 856
Court

Court of First Instance
Case number

HCAL1286/2019

The Board erred in law by refusing to extend time without considering the merits or the materials before the Director; because the merits show a realistic prospect of success the court extended time and granted leave to apply for judicial review, subject to procedural directions (issue originating summons within 14 days).
17 Sept 2021

GHALE GANJA MAN v. CHINA STATE CONSTRUCTION ENGINEERING (HONG KONG) LTD AND ANOTHER

Citation

[2021] HKCFI 2764
Court

Court of First Instance
Case number

HCLA4/2019

The appeal is allowed because the Deputy Presiding Officer erred in law by admitting and relying on crucial late-produced documents (the SG job application and contract) without properly investigating the unexplained change of stance by the 2nd Respondent and without giving the appellant adequate opportunity or consideration of prejudice; the factual findings must be reopened and the matter remitted to the Labour Tribunal for retrial.
8 Jul 2003

C v. C AND ANOTHER

Citation

C v. C AND ANOTHER
Court

Court of Appeal
Case number

CACV272/2002

The appeal is allowed in part: the Court of Appeal held that hearing a Judgment Summons (committal) together with a substantive ancillary relief hearing in chambers was procedurally improper where committal and variation issues remained distinct and carried penal consequences; accordingly paragraphs (4) and (5) (the committal/sums and their accounting) and paragraph (1) (transfer of VIHE trademark) of the Deputy Judge's order are set aside and there must be a new hearing of the Judgment Summons and variation applications before the same judge; the ancillary relief findings and remaining order…

Hong Kong Case Law

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

GHALE GANJA MAN v. CHINA STATE CONSTRUCTION ENGINEERING (HONG KONG) LTD AND ANOTHER

C v. C AND ANOTHER