Read the full judgment text of HCAL 000059/2005 on BabelCite. This High Court CFI judgment was delivered on 8 November 2005 before Hon A Cheung J.
Civil procedure – adjournment – judicial review – disciplinary proceedings – right to legal representation – case management – costs – The respondents sought to adjourn the substantive hearing of a judicial review application pending the Court of Final Appeal's decision in New World Development Co. Ltd v. Stock Exchange of Hong Kong Ltd [2005] 2 HKLRD 612, which concerned the right to legal representation in disciplinary tribunals. The applicant, an academic convicted in disciplinary proceedings and who lost her job, opposed the adjournment. The court refused the adjournment, balancing factors including the delay until the Court of Final Appeal hearing, prejudice to the applicant's reputation and career, the principle that cases should be decided on current law, and the fact that the New World point was not the only issue and would not automatically decide the present case. The court exercised case management discretion, finding the balance favoured proceeding as scheduled. Costs of the adjournment application were awarded to the applicant.
Legal issues: Adjournment pending Court of Final Appeal decision
Outcome: Application for adjournment refused; substantive judicial review hearing to proceed as scheduled.
Cited by 11 cases · Cites 1 case