LEUNG SO HUNG SIEM v. WEN KAR SUEN CARSON

HCAL 1806/2020

[2020] HKCFI 2399

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 1806 OF 2020

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D E C I S I O N

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1.  In this application, the Applicant seeks leave to apply for judicial review of:

(1) a judgment of G Lam J on 11 June 2020 in HCB 4036/2018 (“the Bankruptcy Proceedings”), in which the Carson Wen was the “Petitioning Creditor” and the Applicant was the “Debtor”;

(2) an order made by G Lam J in the Bankruptcy Proceedings on 11 June 2020 allowing the Petitioning Creditor to amend the Petition dated 16 July 2018; and

(3) 6 sealed orders made by G Lam J in the Bankruptcy Proceedings all dated 11 June 2020.

2.  It is well-established that judicial review does not lie against an order or judgment of the Court of First Instance of the High Court.  The present application for leave to apply for judicial review is misconceived.  The intended application for judicial review is not reasonably arguable, and has no realistic prospect of success.

3.  The application for leave to apply for judicial review is accordingly dismissed.