黃瑜梅 對 NG KEUNG FAI

黃瑜梅 對 NG KEUNG FAI

A 14‑day delay was not long and was excused by the defendant's procedural mistake and lack of legal representation, but the proposed appeal had no real prospect of success because the grounds advanced were identical to those already considered and rejected at the damages assessment; therefore the out‑of‑time...

Source-derived case information.

Citation
[2018] HKDC 1116
Parties
Plaintiff: 黃瑜梅; Defendant: NG KEUNG FAI
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
7 September 2018
Case Number
DCCJ2319/2016
Procedural Posture
Civil Damages Assessment and Application for Leave to Appeal / Application for Extension of Time to Apply for Leave to Appeal (out of Time)
Outcome
Application for extension of time to apply for leave to appeal dismissed; leave refused.
Legal Topics
Leave to Appeal, Extension of Time, Damages Assessment, Nuisance, Evidence
Source Language
ch
Civil Procedure Tort Property Leave to Appeal Extension of Time Damages Assessment Nuisance Evidence

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 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

黃瑜梅

Plaintiff

NG KEUNG FAI

Defendant

Procedural Posture

Civil Damages Assessment and Application for Leave to Appeal / Application for Extension of Time to Apply for Leave to Appeal (out of Time)

  1. 1 Whether to extend time for applying for leave to appeal
  2. 2 Whether the delay was excusable and its length
  3. 3 Whether the proposed appeal has a reasonable prospect of success

Ratio Decidendi

A 14‑day delay was not long and was excused by the defendant's procedural mistake and lack of legal representation, but the proposed appeal had no real prospect of success because the grounds advanced were identical to those already considered and rejected at the damages assessment; therefore the out‑of‑time application to seek leave to appeal was dismissed and costs were awarded to the plaintiff.

Court Disposition

Application for extension of time to apply for leave to appeal dismissed; leave refused.

Orders

  • Application to extend time refused and the out‑of‑time application for leave to appeal dismissed
  • Defendant to pay plaintiff's costs of the application