林馬光 對 警務處長及積金局

林馬光 對 警務處長及積金局

The Court refused the out‑of‑time permission to appeal and dismissed the appellant's summons because the appellant failed to explain the delay, the proposed grounds were without merit and factually incorrect (the second respondent had filed the required documents), and there was no real prospect of success; costs...

Source-derived case information.

Citation
[2021] HKCA 641
Parties
Appellant: 林馬光; Respondent: 警務處長; Respondent: 積金局 (強制性公積金計劃管理局)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
10 May 2021
Case Number
CAMP37/2020
Procedural Posture
Application for Leave to Appeal (out of Time) Against Striking Out and Costs; Appeal Related to Absolute Charging Order / Court of Appeal Permission Application (out of Time)
Outcome
application for permission to appeal (out of time) dismissed; summons of 19 May 2020 set aside; costs awarded to respondent
Legal Topics
Leave to Appeal, Extension of Time, Strike Out, Assessment of Costs, Filing Rules and Hearing Preparation
Source Language
ch
Civil Procedure Appeals Costs Property (charging Order) Leave to Appeal Extension of Time Strike Out Assessment of Costs +1 more

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Parties

林馬光

Appellant

警務處長

Respondent

積金局 (強制性公積金計劃管理局)

Respondent

Procedural Posture

Application for Leave to Appeal (out of Time) Against Striking Out and Costs; Appeal Related to Absolute Charging Order / Court of Appeal Permission Application (out of Time)

  1. 1 Whether to grant out of time permission to appeal
  2. 2 Whether the appellant provided a satisfactory explanation for delay
  3. 3 Whether the appellant established a real prospect of success on the proposed appeal

Ratio Decidendi

The Court refused the out‑of‑time permission to appeal and dismissed the appellant's summons because the appellant failed to explain the delay, the proposed grounds were without merit and factually incorrect (the second respondent had filed the required documents), and there was no real prospect of success; costs were awarded to the second respondent and summarily assessed at HKD 9,004.

Court Disposition

application for permission to appeal (out of time) dismissed; summons of 19 May 2020 set aside; costs awarded to respondent

Orders

  • Dismissed the appellant's summons dated 19 May 2020 (application for out‑of‑time leave to appeal)
  • Appellant to pay the second respondent's costs of this summons