Hong Kong Case Law: Decisions & Judgments

Topic

Procedure for applications

Legal area

Court

11 Nov 2022

SHAHIN, alias SHAHIN SEKH, alias KHAN SUJAN, alias WASHIM, alias SHAK SHAHIN v. DIRECTOR OF IMMIGRATION

Citation

[2022] HKCA 1679
Court

Court of Appeal
Case number

CACV12/2022

Leave to appeal was refused because the applicant failed to articulate any grounds or identify any question of great general or public importance under s22(1)(b) Cap 484, failed to comply with the Registrar's direction to file submissions, and no basis existed under the 'or otherwise' limb to justify granting leave.
18 Jun 2021

PERFECT HORIZON LTD v. CO SAM AND OTHERS

Citation

[2021] HKLdT 46
Court

Lands Tribunal
Case number

LDCS23000/2018

The tribunal lacked jurisdiction to re-open or vary the final costs orders made in the judgment absent exceptional circumstances; the failed auction was a post-litigation event that did not justify awarding indemnity costs against the applicant; the respondents' letter application was procedurally improper and devoid of merit, therefore the respondents' claim for indemnity costs is dismissed and the tribunal assessed and ordered specific costs accordingly.
11 Jul 2018

徐學仲及另一人對符燕敏

Citation

[2018] HKDC 803
Court

District Court
Case number

DCCJ4956/2014

The interlocutory mandatory injunction was refused because the plaintiff failed to demonstrate the high degree of assurance of success required for such mandatory relief and, crucially, lacked standing to bring proceedings in respect of what is prima facie a common part (soil/sewer pipe) which enforcement must be undertaken by the owners' corporation; consequently the plaintiff cannot directly compel the defendant. The defendant's unilateral application by letter was procedurally invalid and therefore dismissed.
30 Aug 1977

RE LI SAI CHUNG

Citation

RE LI SAI CHUNG
Court

Court of First Instance
Case number

HCMP548/1977

The application in chambers was refused because O.54 r.1 precludes such a hearing; the correct procedure is to apply in open court to a single judge or to convene a Full Bench and to seek an order to show cause why an order nisi for a writ of habeas corpus should issue.

Hong Kong Case Law

SHAHIN, alias SHAHIN SEKH, alias KHAN SUJAN, alias WASHIM, alias SHAK SHAHIN v. DIRECTOR OF IMMIGRATION

PERFECT HORIZON LTD v. CO SAM AND OTHERS

徐學仲及另一人 對 符燕敏

RE LI SAI CHUNG

徐學仲及另一人對符燕敏