Read the full judgment text of HCAL 002485/2000 on BabelCite. This High Court CFI judgment was delivered on 6 February 2001 before Cheung J.
Constitutional and administrative law – judicial review – leave to apply for judicial review – village representative elections in the New Territories – summons to set aside leave to commence judicial review – alleged undue delay and detriment to good administration – whether summons should be dismissed – whether there was a clear agreement that hearing was for directions only – held: no clear agreement reached, applicant entitled to proceed on summons – no affidavit filed in support of summons – judicial review should be dealt with as quickly as possible – issues of delay and prejudice to the Administration can be raised again at the substantive hearing – summons dismissed – leave granted to applicant to serve and file notice of motion within three days.
Legal issues: Whether summons to set aside leave for judicial review should be dismissed · Whether there was a clear agreement that the hearing was for directions only
Outcome: Summons dated 21 December 2000 issued by the 2nd respondent dismissed; leave granted to the applicant to serve and file the notice of motion within three days.