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HCAL198/2018
[2018] HKCFI 336
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 198 of 2018
BETWEEN
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TONG Wun Ying Polly
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Applicant |
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and |
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Appeal Tribunal (Buildings Ordinance) |
1st Putative Respondent |
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Building Authority |
2nd Putative Respondent |
Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)
Following;
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consideration of the documents only; or |
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consideration of the documents and oral submissions by the Applicant
or counsel [ ] in open court; |
Order by the Honourable Mr Justice Chow:
Leave to apply for Judicial Review dismissed.
Observations for the Applicant:
The application for leave to apply for judicial review is dismissed because:
(i) The Form 86 fails to state any ground on which the application for leave is sought, as required by Order 53, rule 3(2)(a)(iii) of the Rules of the High Court.
(ii) The application is not supported by any affidavit verifying the facts relied upon, as required by Order 53, rule 3(2)(b) of the Rules of the High Court.
Dated the 12th day of February 2018.
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(Clara Ng) |
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for Registrar, High Court |
Where leave to apply has been granted, Applicants and their legal advisers are reminded of their obligation to reconsider the merits of their application in the light of the Respondent’s evidence
Notes for the Applicant:
If leave has been granted, the Applicant or his solicitors must: |
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a) serve on the respondent and such interested parties as may be directed by the Court the order granting leave and any directions given within 14 days after the leave was granted(Order 53, rule 4A);
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Sent/Handed to the Applicant/
the Applicant’s solicitors on
12/02/2018
TONG Wun Ying Polly
The Applicant |
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Sent/Handed to the Putative Respondents/
the Putative Respondents’ solicitors / such Putative Interested Parties as may be directed by the Court / the Putative Interested Parties’ solicitors on
12/02/2018
Appeal Tribunal (Buildings Ordinance)
The 1 st Putative Respondent
Ref.: CBZ/TA/169038/01/HK
Building Authority
The 2 nd Putative Respondent |
b) issue the originating summons within 14 days after the grant of leave and serve it in accordance with Order 53, rule 5; and
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c) supply to every other party copies of every affidavit which the Applicant proposes to use at the hearing, including the affidavit in support of the application for leave (Order 53, rule 6(5)).
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Form CALL-1
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