HO MOH v. LAM YIU KEUNG t/a YIU SUN CONSTRUCTION ENGINEERING CO. AND ANOTHER

HO MOH v. LAM YIU KEUNG t/a YIU SUN CONSTRUCTION ENGINEERING CO. AND ANOTHER

The court exercised its discretion to extend time because the explained delays were largely attributable to legal advisers rather than the plaintiff and the matter had sufficient arguable merits to warrant a full appeal.

Citation
HO MOH v. LAM YIU KEUNG t/a YIU SUN CONSTRUCTION ENGINEERING CO. AND ANOTHER
Parties
Plaintiff/applicant: HO MOH; 1st Defendant/respondent: LAM YIU KEUNG (trading as YIU SUN CONSTRUCTION ENGINEERING COMPANY); 2nd Defendant/respondent: KWONG KEY CONSTRUCTION AND ENGINEERING LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 October 2001
Case Number
HCMP2033/2001
Procedural Posture
Application for Leave to Appeal Out of Time (court of Appeal) / Hearing and Determination of Extension of Time/leave Application
Outcome
Extension of time granted; leave to appeal permitted and appeal to proceed
Legal Topics
Extension of Time, Leave to Appeal, Attribution of Delay to Legal Advisers
Source Language
EN
Civil Procedure Appeals Extension of Time Leave to Appeal Attribution of Delay to Legal Advisers

Case Brief

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Parties

HO MOH

Plaintiff/applicant

LAM YIU KEUNG (trading as YIU SUN CONSTRUCTION ENGINEERING COMPANY)

1st Defendant/respondent

KWONG KEY CONSTRUCTION AND ENGINEERING LIMITED

2nd Defendant/respondent

Procedural Posture

Application for Leave to Appeal Out of Time (court of Appeal) / Hearing and Determination of Extension of Time/leave Application

Legal Issues

  1. 1 Whether leave to appeal out of time should be granted
  2. 2 Whether delay is attributable to the litigant or to legal advisers
  3. 3 Whether the appeal has sufficient merits to justify extension of time

Ratio Decidendi

The court exercised its discretion to extend time because the explained delays were largely attributable to legal advisers rather than the plaintiff and the matter had sufficient arguable merits to warrant a full appeal.

Court Disposition

Extension of time granted; leave to appeal permitted and appeal to proceed

Orders

  • Time for appealing extended
  • Leave to appeal granted; matter to proceed to full appeal