Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Skeleton argument compliance

Legal area

Court

4 Apr 2019

RE TULACHAN PREM PRASAD

Citation

[2019] HKCA 264
Court

Court of Appeal
Case number

CACV438/2018

The Judge correctly refused leave because the applicant's grounds were general, vague and lacked particulars; there was no arguable breach of the high standard of fairness by the Board or Director; the Judge had no duty to solicit further particulars from the unrepresented applicant; failure to lodge skeleton arguments justified vacating the oral hearing and proceeding on paper; therefore there was no prospect of success on judicial review and leave was properly refused.
30 Aug 2018

KAMRUZZAMAN ANI v. TORTURE CLAIMS APPEAL BOARD / NON REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2018] HKCA 554
Court

Court of Appeal
Case number

CACV190/2018

The appeal is dismissed because the applicant failed to comply with clear directions to lodge a skeleton argument and elected to have the appeal dealt with on paper, the grounds advanced were largely unparticularised and not reasonably arguable, the Board and Director conducted adequate COI assessment and made a credible primary finding that the claim was not genuine which rendered state acquiescence arguments academic, and the applicant failed to justify admission of fresh evidence under the established test.