Judgments

Constitutional law — discrimination (sexual orientation) — sections 7, 9, 16 — interpretation of “spouse” in Immigration Ordinance to include foreign same‑sex marriages — section 10 as lex specialis on right to marry — remedial powers under section 21(2) — courts may fashion effective relief — costs: appellate review of discretionary costs orders (plainly wrong test).

Abuse of process – stay applications; Disclosure obligations – materiality and relevance; DNA evidence – admissibility, contradictory reports, and jury directions; Circumstantial evidence and no‑case submissions; Procedural irregularities and material irregularity test; Joint enterprise and good‑character directions.

* Family law – custody and day‑to‑day care – welfare and best interests under Family Law Act – welfare checklist and children’s wishes * Child welfare – evidence from social services, psychological assessments and Magistrate’s findings weighed in custody decision * Siblings – principle against separation unless necessary; holistic welfare balancing exercise * Joint custody – maintained while day‑to‑day care and control awarded to respondent

* Civil procedure – discovery – Order 24 r.7 – applicant must show prima facie that specific documents exist, relate to matters in issue, and are in opponent’s possession, custody or power. * Legal professional privilege – communications between police and DPP examined; privilege may arise only if relationship tantamount to client-lawyer exists. * Court’s inherent jurisdiction – inspection under confidential cover to determine whether r.7 affidavit should be ordered. * Specific disclosure ordered for identified witness statements; DPP letter not shown to exist.

Immigration law – Stop List – statutory power to prohibit entry where person conducted themselves "undesirably" – placing name on Stop List lawful where long-term breach of permits; work permit does not negate Stop List; no general right to prior notice of Stop List placement for persons outside jurisdiction; Governor may direct removal but no evidence of such direction here; refusal to accept renewal and claims for damages not established.

Strata law – By‑laws – Validity of blanket no‑pet by‑law; ultra vires challenge under section 20 STA; constitutional claim under section 17(1) (peaceful enjoyment of property) dismissed; comparative consideration of Cooper (NSW) but different statutory regimes.

Damages‑based agreements (DBAs) – champerty and maintenance – Criminal Law Act ss9–10 preserve public policy against champerty – Regulation 23 Code of Professional Conduct prohibits significant pecuniary interest by counsel – indemnity principle and costs recovery – access to justice does not justify judicial creation of DBAs – legislative reform required.

Administrative law – judicial review – procedural fairness – refusal of naturalisation – exercise of statutory discretion – legitimate expectation – reliance on policy guidance – mandatory considerations – British Nationality Act 1981 – residency and immigration breach requirements – separation of discretionary powers – fair notice of reliance on policy – natural justice.