曾韻如 對 柯金牌

曾韻如 對 柯金牌

Although the appellant had a realistic prospect of success on the limitation point because the respondent's part payment on 3 December 2018 re‑created the cause of action under s23(3) making $40,000 claim and statutory interest payable from that date, the proposed appeal did not raise a point of general public...

Source-derived case information.

Citation
[2022] HKCA 1216
Parties
Applicant: 曾韻如; Respondent: 柯金牌
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
23 August 2022
Case Number
CAMP122/2022
Procedural Posture
Application for Extension of Time and Leave to Appeal Under S29 a Small Claims Tribunals Ordinance (appeal From High Court Orig. Small Claims) / Permission/extension Application Heard by High Court Court of Appeal (permission Stage)
Outcome
Application for extension of time and for leave to appeal refused
Legal Topics
Limitation Period, Re Creation of Cause of Action by Part Payment (s23(3) Limitation Ordinance), Tolling for Mental Disorder (s22 Limitation Ordinance), Written Acknowledgment (s24 Limitation Ordinance), Leave to Appeal and Public Importance (s29 a Small Claims Tribunals Ordinance), Statutory Interest
Source Language
ch
Contract Limitation Civil Procedure Mental Incapacity Limitation Period Re Creation of Cause of Action by Part Payment (s23(3) Limitation Ordinance) Tolling for Mental Disorder (s22 Limitation Ordinance) Written Acknowledgment (s24 Limitation Ordinance) +2 more

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Parties

曾韻如

Applicant

柯金牌

Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal Under S29 a Small Claims Tribunals Ordinance (appeal From High Court Orig. Small Claims) / Permission/extension Application Heard by High Court Court of Appeal (permission Stage)

  1. 1 Whether extension of time should be granted to apply for leave to appeal under s29A Small Claims Tribunals Ordinance
  2. 2 Whether part payment on 3 December 2018 re‑created the cause of action under s23(3) Limitation Ordinance and thereby made the claim timely for the outstanding sum
  3. 3 Whether s22 tolling for mental disorder applies where the claimant has mental illness but is not incapacitated to manage affairs

Ratio Decidendi

Although the appellant had a realistic prospect of success on the limitation point because the respondent's part payment on 3 December 2018 re‑created the cause of action under s23(3) making $40,000 claim and statutory interest payable from that date, the proposed appeal did not raise a point of general public importance as required by s29A Small Claims Tribunals Ordinance; accordingly extension of time to apply for leave and the leave application were refused.

Court Disposition

Application for extension of time and for leave to appeal refused

Orders

  • Application for extension of time to file leave to appeal refused
  • Application for leave to appeal under s29A Small Claims Tribunals Ordinance refused