林馬光 對 林郑政府

林馬光 對 林郑政府

Permission to bring an out-of-time appeal was refused because the appeal was over two months late, the appellant's medical explanation was not credible on the evidence, and the proposed appeal had no realistic prospect of success given prior orders and the absence of legal basis for the appellant's allegations;...

Source-derived case information.

Citation
[2024] HKCFI 657
Parties
Plaintiff: 林馬光; Defendant: 林郑政府
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 March 2024
Case Number
HCA320/2023
Procedural Posture
Civil Judicial Jurisdiction / Application for Leave to Bring Out of Time Appeal; Decision on Appeal and Costs
Outcome
Permission to bring out-of-time appeal refused; appeal dismissed.
Legal Topics
Application for Leave to File Out of Time Appeal, Charging Order (absolute押記令), Enforcement of Costs Orders, Assessment of Prospects of Success
Source Language
ch
Civil Procedure Enforcement Appeals Costs Application for Leave to File Out of Time Appeal Charging Order (absolute押記令) Enforcement of Costs Orders Assessment of Prospects of Success

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Parties

林馬光

Plaintiff

林郑政府

Defendant

Procedural Posture

Civil Judicial Jurisdiction / Application for Leave to Bring Out of Time Appeal; Decision on Appeal and Costs

  1. 1 Whether to grant permission to file an out-of-time appeal
  2. 2 Whether the appellant has a reasonable explanation for delay
  3. 3 Whether the proposed appeal has any real prospect of success

Ratio Decidendi

Permission to bring an out-of-time appeal was refused because the appeal was over two months late, the appellant's medical explanation was not credible on the evidence, and the proposed appeal had no realistic prospect of success given prior orders and the absence of legal basis for the appellant's allegations; accordingly the appeal was dismissed and costs were awarded to the respondent.

Court Disposition

Permission to bring out-of-time appeal refused; appeal dismissed.

Orders

  • Refuse leave to file out-of-time appeal and dismiss the appeal.
  • Order the appellant to pay the respondent's costs of this appeal assessed on a simple basis in the sum of HK$10,911.