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HCAL 1258/2023
[2023] HKCFI 1930
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1258 of 2023
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BETWEEN
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Hong Kong Golf Club |
Applicant |
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and |
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DIRECTOR OF ENVIRONMENTAL PROTECTION
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Putative Respondent
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and |
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GOVERNMENT OF THE HONG KONG SPECIAL |
Putative Interested Party |
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ADMINISTRATIVE REGION, BY THE CIVIL |
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ENGINEERING AND DEVELOPMENT DEPARTMENT |
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Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)
Following:
Order by The Honourable Mr Justice Coleman :
1. Leave to apply for judicial review is granted on the papers, on all intended grounds of review.
2. An ‘interim interim’ stay of the Decision is granted, until an inter partes hearing of the application for a stay of the Decision pending the determination of the application for judicial review (unless such a stay as otherwise agreed between the parties without a hearing).
3. The inter partes hearing of the application for a stay of the Decision pending the determination of the application for judicial review (if required) will be fixed for 10:30am on one of 11,15-18 August 2023 (with half a day reserved). The parties are to notify the availability of their Counsel on those dates, and the Court will thereafter fix the date.
4. The parties are to liaise with a view to proposing jointly agreed directions to lead to a substantive hearing of the application for judicial review, including (if possible) an agreed date for the hearing of the application. The parties are referred to paragraphs 8-13 of Practice Direction 26.1. Enquiries may be made to the Clerk to Hon Coleman J as to the Court’s current availability. Proposed directions should be provided by 11 August 2023.
5. Liberty to apply.
6. All questions of costs are reserved.
Observations:
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Dated the 25th day of July 2023.
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(Alvin KWOK)
for Registrar, High Court
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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);
b) issue the originating summons within 14 days after the grant of leave and serve it in accordance with Order 53, rule 5; and
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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Sent/Handed to the Applicant/the Applicant’s solicitors on 25/7/2023
Messrs. Mayer Brown
Solicitors for the Applicant
Ref.: MMH/AFK/13431215 |
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Sent/Handed to the Respondent/the Respondent’s solicitors / such interested parties as may be directed by the Court / the interested parties’ solicitors on 25/7/2023
Department of Justice
For the Putative Respondent and Putative Interested Party
Ref.: HCAL 1258/23 |
Form CALL-1
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