陳元蘭 對 國泰航空飲食服務(香港)有限公司

陳元蘭 對 國泰航空飲食服務(香港)有限公司

Extension refused because applicant delayed 16 days beyond the 28‑day limit, provided no credible explanation (attended the hearing and knew the extension was refused), offered no arguable error in the exercise of the judge's discretion, and the proposed appeal did not raise matters of public importance; accordingly...

Source-derived case information.

Citation
[2019] HKCA 843
Parties
Applicant: 陳元蘭; Respondent: 國泰航空飲食服務(香港)有限公司
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
5 August 2019
Case Number
CACV409/2018
Procedural Posture
Application for Leave to Appeal to the Court of Final Appeal (extension of Time) / Leave Application; Written Submissions, No Oral Hearing
Outcome
Application for extension of time and leave to appeal refused; notice of motion dated 10 May 2019 dismissed and revoked; applicant ordered to pay respondent's costs assessed at HK$25,000.
Legal Topics
Leave to Appeal, Extension of Time, Costs
Source Language
ch
Civil Procedure Appeals Leave to Appeal Extension of Time Costs

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

陳元蘭

Applicant

國泰航空飲食服務(香港)有限公司

Respondent

Procedural Posture

Application for Leave to Appeal to the Court of Final Appeal (extension of Time) / Leave Application; Written Submissions, No Oral Hearing

  1. 1 Whether to extend time for filing an application for leave to appeal under s24(5) of the Court of Final Appeal Ordinance (Cap.484)
  2. 2 Whether the applicant has provided exceptional or very good grounds to justify extension of time
  3. 3 Whether the proposed appeal raises questions of public or general importance under s22(1)(b) of the Court of Final Appeal Ordinance

Ratio Decidendi

Extension refused because applicant delayed 16 days beyond the 28‑day limit, provided no credible explanation (attended the hearing and knew the extension was refused), offered no arguable error in the exercise of the judge's discretion, and the proposed appeal did not raise matters of public importance; accordingly the court would not have granted leave even if the application were in time.

Court Disposition

Application for extension of time and leave to appeal refused; notice of motion dated 10 May 2019 dismissed and revoked; applicant ordered to pay respondent's costs assessed at HK$25,000.

Orders

  • The application for leave to appeal out of time is refused and the notice of motion filed on 10 May 2019 is revoked.
  • The applicant must pay the respondent's costs of this application, assessed summarily at HK$25,000.