陳經務 對 仁程建築有限公司及另一人

陳經務 對 仁程建築有限公司及另一人

The Court refused leave because the applicant's 107‑day delay was inordinate, the medical/illness explanations were unsupported by sworn evidence and unreasonable, the proposed grounds merely repeated arguments already rejected without substantive rebuttal, there was no real prospect of success and no other reason...

Source-derived case information.

Citation
[2024] HKCA 73
Parties
Plaintiff: 陳經務; First Defendant: 仁程建築有限公司; Second Defendant: 金門建築有限公司
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
26 January 2024
Case Number
CAMP214/2023
Procedural Posture
Application for Leave to Appeal (late) Against Assessment of Damages and Costs / Leave Application Determined on Papers (written Decision)
Outcome
Application for leave to appeal (late) against the assessment of damages and application for leave to appeal the costs decision dismissed; originating application struck out.
Legal Topics
Leave to Appeal, Extension of Time, Assessment of Damages, Costs
Source Language
ch
Civil Procedure Personal Injury Appeal Leave to Appeal Extension of Time Assessment of Damages Costs

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Parties

陳經務

Plaintiff

仁程建築有限公司

First Defendant

金門建築有限公司

Second Defendant

Procedural Posture

Application for Leave to Appeal (late) Against Assessment of Damages and Costs / Leave Application Determined on Papers (written Decision)

  1. 1 Whether permission to bring a late appeal should be granted
  2. 2 Whether the proposed appeal has a real prospect of success
  3. 3 Whether the trial officer committed a reviewable error in fact‑finding or exercise of discretion

Ratio Decidendi

The Court refused leave because the applicant's 107‑day delay was inordinate, the medical/illness explanations were unsupported by sworn evidence and unreasonable, the proposed grounds merely repeated arguments already rejected without substantive rebuttal, there was no real prospect of success and no other reason in the interests of justice to permit the appeal; accordingly both the late leave application and the leave application on costs were dismissed and costs of HKD 59,920 ordered against the applicant.

Court Disposition

Application for leave to appeal (late) against the assessment of damages and application for leave to appeal the costs decision dismissed; originating application struck out.

Orders

  • The applications for leave to appeal (including the late application) are dismissed and the originating summons dated 5 June 2023 is struck out.
  • The plaintiff is ordered to pay the defendants' costs of this application in the sum of HKD 59,920.