Read the full judgment text of CACV 338/2022 on BabelCite. This Court of Appeal judgment was delivered on 19 January 2023 before Cheung Chak-yiu JA, Au King-hing JA, Chow Ka-ming JA.
Civil procedure – appeal – judicial review – Small Claims Tribunal – leave to appeal – finality of decision – abuse of process – The applicant sought to appeal the refusal of leave for judicial review of a Small Claims Tribunal appeal decision. The Court of Appeal held that judicial decisions of High Court judges are not subject to judicial review. The Small Claims Tribunal Ordinance s.28(3) makes the refusal of leave final, and allowing a quasi-appeal via judicial review would undermine the legislative intent. The appeal was dismissed with no order as to costs.
Legal issues: Appeal against refusal of leave for judicial review
Outcome: Appeal dismissed.
Cited by 3 cases · Cites 4 cases