楊華偉 對 添朗有限公司

楊華偉 對 添朗有限公司

The application for out‑of‑time permission to appeal is refused because the delay of over three months lacked a reasonable explanation and, given the serious delay, the applicant failed to demonstrate a real prospect of success—trial findings of fact and witness credibility were not shown to be plainly wrong and new...

Source-derived case information.

Citation
[2018] HKCA 621
Parties
Plaintiff: 楊華偉; Defendant: 添朗有限公司
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
26 September 2018
Case Number
CAMP49/2018
Procedural Posture
Leave to Appeal (out of Time) / Application for Permission to Appeal to Court of Appeal
Outcome
out‑of‑time application for permission to appeal refused; costs awarded to defendant
Legal Topics
Breach of Repair Covenant, Leave to Appeal, Extension of Time, Evaluation of Witness Credibility, Admissibility of Expert Evidence, Costs Assessment
Source Language
ch
Landlord and Tenant Civil Procedure Building Regulation Appeal Breach of Repair Covenant Leave to Appeal Extension of Time Evaluation of Witness Credibility +2 more

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Parties

楊華偉

Plaintiff

添朗有限公司

Defendant

Procedural Posture

Leave to Appeal (out of Time) / Application for Permission to Appeal to Court of Appeal

  1. 1 whether to grant out‑of‑time permission to appeal
  2. 2 whether proposed appeal has real prospect of success
  3. 3 whether trial judge erred on findings of fact and witness credibility

Ratio Decidendi

The application for out‑of‑time permission to appeal is refused because the delay of over three months lacked a reasonable explanation and, given the serious delay, the applicant failed to demonstrate a real prospect of success—trial findings of fact and witness credibility were not shown to be plainly wrong and new Buildings Ordinance issues were unpleaded—therefore leave is denied and costs are awarded.

Court Disposition

out‑of‑time application for permission to appeal refused; costs awarded to defendant

Orders

  • Out‑of‑time permission to appeal refused
  • Any party is prohibited from requesting reconsideration of paragraph 24 at an oral hearing pursuant to High Court Rules Order 59 r2A(8)