D. Substantive application and procedure: rolled up hearing

D. Substantive application and procedure: rolled up hearing

Under Order 53 section 5 of the Rules of the High Court (Cap. 4A), if the Court grants leave, the applicant must within 14 days formally apply for judicial review by way of “Form 86A”. The applicant must serve the “Form 86A” and all documents used in the leave application to the respondent, as well as all persons directly affected.

After receipt of those documents, the respondent and the persons directly affected may file opposition evidence. The Court may also permit making of representation by any “proper person to be heard”.  For intervention, see Intervention.

The hearing date will depend on the Court’s diary insofar as practicable the diaries of the parties’ legal representatives. However, if urgent matters are involved, the Court may also fix an early date without accommodating legal representatives’ diaries.

As to the preparation before the substantive hearing, an applicant may refer to Practice Direction SL3, such as the requirement that skeleton submissions must be filed and served 7 clear days before the hearing, and so on.

It must be noted that the Court has power to order the leave application and substantive application to be heard together (at the same time) in a “rolled-up hearing”. It can also give directions for that hearing: See e.g. Companhia De Engenharia E Construção Weng Fok, Limitada v Hong Kong Accreditation Services [2020] HKCFI 1181。