葉錦林 對 黃志文

葉錦林 對 黃志文

Because the appellant repeatedly failed to comply with clear court directions, provided no reasonable explanation for prolonged delay and showed no genuine intention to prosecute the appeal, the court exercised its discretion to order filing of the draft appeal book by 9 November 2017 and to dismiss the appeal on 10...

Source-derived case information.

Citation
葉錦林 對 黃志文
Parties
Appellant: 葉錦林; Respondent: 黃志文
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
26 October 2017
Case Number
CACV91/2001
Procedural Posture
Civil Appeal / Consideration of Dismissal for Want of Prosecution; Case Management Directions
Outcome
Conditional dismissal for want of prosecution unless appellant files draft appeal book by 9 November 2017; costs awarded to respondent assessed at HKD 15,370.
Legal Topics
Dismissal for Delay, Want of Prosecution, Abuse of Process, Case Management, Costs Assessment
Source Language
ch
Civil Procedure Appeals Costs Dismissal for Delay Want of Prosecution Abuse of Process Case Management Costs Assessment

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Parties

葉錦林

Appellant

黃志文

Respondent

Procedural Posture

Civil Appeal / Consideration of Dismissal for Want of Prosecution; Case Management Directions

  1. 1 Whether the appeal should be dismissed for inordinate and inexcusable delay/want of prosecution
  2. 2 Whether the appellant lacks genuine intention to prosecute and is abusing the court process
  3. 3 Whether costs should be awarded to the respondent

Ratio Decidendi

Because the appellant repeatedly failed to comply with clear court directions, provided no reasonable explanation for prolonged delay and showed no genuine intention to prosecute the appeal, the court exercised its discretion to order filing of the draft appeal book by 9 November 2017 and to dismiss the appeal on 10 November 2017 if the appellant failed to comply, and to order costs to the respondent assessed at HKD 15,370.

Court Disposition

Conditional dismissal for want of prosecution unless appellant files draft appeal book by 9 November 2017; costs awarded to respondent assessed at HKD 15,370.

Orders

  • Appellant must file and lodge the draft appeal book by 9 November 2017.
  • If the appellant fails to comply the appeal will be automatically dismissed on 10 November 2017 for lack of intention to prosecute.