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

The applicant's delay of over three years in filing the application for leave was inordinate; she failed to provide any sufficient or credible explanation for the delay, did not demonstrate any error in the January 23, 2019 decision, and did not show that the issues raised were of general/public importance....

Source-derived case information.

Citation
[2022] HKCA 1063
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
18 July 2022
Case Number
CACV409/2018
Procedural Posture
Civil Appeal (application for Leave to Appeal to Court of Final Appeal) / Application for Extension of Time and Permission to Appeal to the Court of Final Appeal
Outcome
application to extend time and for leave to appeal dismissed; costs awarded to respondent
Legal Topics
Leave to Appeal, Extension of Time, Security for Costs, Permission to Appeal, Costs Assessment
Source Language
ch
Civil Procedure Appeal Costs Leave to Appeal Extension of Time Security for Costs Permission to Appeal Costs Assessment

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Parties

陳元蘭

Applicant

國泰航空飲食服務(香港)有限公司

Respondent

Procedural Posture

Civil Appeal (application for Leave to Appeal to Court of Final Appeal) / Application for Extension of Time and Permission to Appeal to the Court of Final Appeal

  1. 1 Whether to extend time for filing an application for leave to appeal to the Court of Final Appeal
  2. 2 Whether the applicant provided sufficientreasonable grounds to justify the delay of over three years
  3. 3 Whether the issues raised are of general or public importance warranting the Final Court's consideration

Ratio Decidendi

The applicant's delay of over three years in filing the application for leave was inordinate; she failed to provide any sufficient or credible explanation for the delay, did not demonstrate any error in the January 23, 2019 decision, and did not show that the issues raised were of general/public importance. Accordingly the court declined to extend time and refused the application for leave; costs were awarded to the respondent and assessed summarily at HK$25,000.

Court Disposition

application to extend time and for leave to appeal dismissed; costs awarded to respondent

Orders

  • Application dismissed
  • No extension of time granted for filing application for leave to appeal to the Court of Final Appeal