19 Sept 2000
LILIK ANDAYANI v. CHAN OI LING
- Citation
- LILIK ANDAYANI v. CHAN OI LING
- Court
- Court of Appeal
- Case number
- CACV104/2000
The Court of Appeal held that Deputy Judge Tong was not functus officio because his December order had not been drawn up or perfected; therefore his refusal to rehear the application for leave was an unexercised discretion which the Court of Appeal could exercise. In the interests of justice and given arguable grounds that were not considered when the claimant was unrepresented, the Court allowed the appeal, set aside the judge's refusal to rehear and directed that the claimant's application for leave to appeal be reheard by Deputy Judge Tong.