林韋成 對 巿政服務上訴委員會

林韋成 對 巿政服務上訴委員會

Relief from sanction was refused because the delay (about 5.5 months plus further non-compliance) was serious, the applicant offered no satisfactory or contemporaneous explanation, the proposed appeal had no arguable prospects, and restoration would be unfair and impose prejudice on the interested party and public...

Source-derived case information.

Citation
[2024] HKCA 898
Parties
Applicant: 林韋成; Respondent: 市政服務上訴委員會; Interested Party: 食物環境衞生署署長
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
4 October 2024
Case Number
CACV383/2022
Procedural Posture
Civil Appeal (judicial Review Permission Refusal) / Application for Relief From Sanction (extension of Time)
Outcome
Application for relief from sanction dismissed; summons filed 18 September 2023 struck out; costs awarded to the interested party.
Legal Topics
Relief From Sanction, Extension of Time, Procedural Default, Automatic Operation of Unless Orders, Costs
Source Language
ch
Administrative Law Civil Procedure Judicial Review Tenancy Law Relief From Sanction Extension of Time Procedural Default Automatic Operation of Unless Orders +1 more

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Parties

林韋成

Applicant

市政服務上訴委員會

Respondent

食物環境衞生署署長

Interested Party

Procedural Posture

Civil Appeal (judicial Review Permission Refusal) / Application for Relief From Sanction (extension of Time)

  1. 1 Whether relief from sanction under Order 2 should be granted for failure to comply with an unless order
  2. 2 Whether the applicant provided a good explanation for the 5.5 month delay and subsequent two month further delay
  3. 3 Whether the underlying appeal has any real prospect of success

Ratio Decidendi

Relief from sanction was refused because the delay (about 5.5 months plus further non-compliance) was serious, the applicant offered no satisfactory or contemporaneous explanation, the proposed appeal had no arguable prospects, and restoration would be unfair and impose prejudice on the interested party and public resources; accordingly the late application was dismissed and the summons struck out.

Court Disposition

Application for relief from sanction dismissed; summons filed 18 September 2023 struck out; costs awarded to the interested party.

Orders

  • Relief from sanction refused and the summons dated 18 September 2023 dismissed
  • Applicant to pay the interested party's costs of this application assessed at HKD 21,202