A 202
CAP. 4]
[Subsidiary]
The Rules of the Supreme Court Order 53 [1988 Ed.
App. A. Form 86A.
ORDER 53
APPLICATIONS FOR JUDICIAL REVIEW
Cases appropriate for application for judicial review (O. 53, r. 1)
1. (1) An application for—
(a) an order of mandamus, prohibition or certiorari, or
(b) an injunction under section 21J of the Ordinance restraining a person from acting in any office in which he is not entitled to act,
shall be made by way of an application for judicial review in accordance with the provisions of this Order.
(2) An application for a declaration or an injunction (not being an injunction mentioned in paragraph (1)(b)) may be made by way of an application for judicial review, and on such an application a judge may grant the declaration or injunction claimed if he considers that, having regard to—
(a) the nature of the matters in respect of which relief may be granted by way of an order of mandamus, prohibition or certiorari,
(b) the nature of the persons and bodies against whom relief may be granted by way of such an order, and
(c) all the circumstances of the case,
it would be just and convenient for the declaration or injunction to be granted on an application for judicial review.
Joinder of claims for relief (O. 53, r. 2)
2. On an application for judicial review any relief mentioned in rule 1(1) or (2) may be claimed as an alternative or in addition to any other relief so mentioned if it arises out of or relates to or is connected with the same matter.
Grant of leave to apply for judicial review (O. 53, r. 3)
3. (1) No application for judicial review shall be made unless the leave of the Court has been obtained in accordance with this rule.
(2) An application for leave must be made ex parte by filing in the Registry—
(a) a notice in Form 86A containing a statement of—
(i) the name and description of the applicant,
(ii) the relief sought and the grounds upon which it is sought,
(iii) the name and address of the applicant's solicitors (if any), and
(iv) the applicant's address for service; and
(b) an affidavit verifying the facts relied on.
A 202
CAP. 4]
[Subsidiary]
The Rules of the Supreme Court Order 53 [1988 Ed.
App. A. Form 86A.
ORDER 53
APPLICATIONS FOR JUDICIAL REVIEW
Cases appropriate for application for judicial review (O. 53, r. 1)
1. (1) An application for—
(a) an order of mandamus, prohibition or certiorari, or (b) an injunction under section 21J of the Ordinance restrain- ing a person from acting in any office in which he is not entitled to act,
shall be made by way of an application for judicial review in accordance with the provisions of this Order.
(2) An application for a declaration or an injunction (not being an injunction mentioned in paragraph (1)(b)) may be made by way of an application for judicial review, and on such an application a judge may grant the declaration or injunction claimed if he considers that, having regard to-
(a) the nature of the matters in respect of which relief may be granted by way of an order of mandamus, prohibition or certiorari,
(b) the nature of the persons and bodies against whom relief
may be granted by way of such an order, and
(c) all the circumstances of the case,
it would be just and convenient for the declaration or injunction to be granted on an application for judicial review.
Joinder of claims for relief (O. 53, r. 2)
2. On an application for judicial review any relief mentioned in rule 1(1) or (2) may be claimed as an alternative or in addition to any other relief so mentioned if it arises out of or relates to or is connected with the same matter.
Grant of leave to apply for judicial review (O. 53, r. 3)
3. (1) No application for judicial review shall be made unless the leave of the Court has been obtained in accordance with this rule.
(2) An application for leave must be made ex parte by filing in the Registry-
(a) a notice in Form 86A containing a statement of--
(i) the name and description of the applicant,
(ii) the relief sought and the grounds upon which it is sought,
(iii) the name and address of the applicant's solicitors (if any), and
(iv) the applicant's address for service; and (b) an affidavit verifying the facts relied on.
No comments yet.
Private notes are available after approval.