CB V. APTHORP, BRIAN DREW

[2025] HKCA 809 Court of Appeal 11 September 2025 • CAMP42/2025 • 11 min read

5 cases cited (0 HK, 5 foreign)

Outcome

Application dismissed

the application is dismissed.

Source: [2025] HKCA 809, Court of Appeal, decided 11 September 2025. Read directly from the judgment.

Judges (2)

Anthony Chan Coram Au Coram

Counsel (5)

Haldanes Firm Patricia Ho & Associates Firm Erik Shum Counsel Plaintiff Jacky Ho Counsel Defendant Yvonne Leung Counsel Plaintiff

Parties (2)

Apthorp, Brian Drew Defendant Cb Plaintiff

Case Significance

CB v. Apthorp, Brian Drew [2025] HKCA 809 was an application before the Court of Appeal engaging section 63A(2) of the District Court Ordinance and the Rules of the High Court. The matter followed the earlier decisions in CB v. Apthorp, Brian Drew [2024] HKDC 1160 and CB v. Apthorp, Brian Drew [2025] HKDC 208. The Court of Appeal held that "the application is dismissed."

Summary

Tran Pham Duy, a Vietnamese national, applied for leave to appeal to the Court of Final Appeal after his non-refoulement appeal was dismissed. The applicant failed to identify errors or questions of public importance. The notice of motion was dismissed.

What did the Court of Appeal decide in CB v. Apthorp, Brian Drew [2025] HKCA 809?

The Court of Appeal dismissed the application in CB v. Apthorp, Brian Drew [2025] HKCA 809, a matter engaging section 63A(2) of the District Court Ordinance and the Rules of the High Court, holding that "the application is dismissed."

What procedural history preceded CB v. Apthorp, Brian Drew [2025] HKCA 809?

The application in CB v. Apthorp, Brian Drew [2025] HKCA 809 followed the earlier decisions in CB v. Apthorp, Brian Drew [2024] HKDC 1160 and CB v. Apthorp, Brian Drew [2025] HKDC 208, before the Court of Appeal held that "the application is dismissed."