LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS

LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS

Leave to appeal out of time refused because the prejudice to the plaintiffs from the defendants' unexplained delay, lack of notice and the significant costs already incurred was very heavy and outweighed the merits and public interest arguments advanced by the 1st and 5th defendants.

Citation
LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS
Parties
1st Plaintiff: LILY TSE LAI YIN; 2nd Plaintiff: TSUI HO; 3rd Plaintiff: NG PAK MUI; 4th Plaintiff: TSUI WAI NGON; 5th Plaintiff: CHAN MIN WAH; 6th Plaintiff: LEUNG PUI YING; 7th Plaintiff: TSUI SAI NUI (Personal Representative of MO YEE, deceased); 8th Plaintiff: HO SHIU TAK; 9th Plaintiff: LEUNG PUI YUK; 1st Defendant: THE INCORPORATED OWNERS OF ALBERT HOUSE; 2nd Defendant: HOUSING MANAGEMENT AGENCY LIMITED; 3rd Defendant: HO WING HANG; 4th Defendant: NEW BEST RESTAURANT LIMITED (in liquidation); 5th Defendant: ABERDEEN WINNER INVESTMENT COMPANY LIMITED; 6th Defendant: 6th Defendant (contractor carrying out renovations)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 July 2000
Case Number
HCMP3438/2000
Procedural Posture
Civil Appeal / Application for Extension of Time to Appeal (leave to Appeal Out of Time)
Outcome
Application for extension of time to appeal refused.
Legal Topics
Negligence, Extension of Time to Appeal, Leave to Appeal Out of Time, Costs
Source Language
EN
Tort Civil Procedure Property Law Negligence Extension of Time to Appeal Leave to Appeal Out of Time Costs

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Parties

LILY TSE LAI YIN

1st Plaintiff

TSUI HO

2nd Plaintiff

NG PAK MUI

3rd Plaintiff

TSUI WAI NGON

4th Plaintiff

CHAN MIN WAH

5th Plaintiff

LEUNG PUI YING

6th Plaintiff

TSUI SAI NUI (Personal Representative of MO YEE, deceased)

7th Plaintiff

HO SHIU TAK

8th Plaintiff

LEUNG PUI YUK

9th Plaintiff

THE INCORPORATED OWNERS OF ALBERT HOUSE

1st Defendant

HOUSING MANAGEMENT AGENCY LIMITED

2nd Defendant

HO WING HANG

3rd Defendant

NEW BEST RESTAURANT LIMITED (in liquidation)

4th Defendant

ABERDEEN WINNER INVESTMENT COMPANY LIMITED

5th Defendant

6th Defendant (contractor carrying out renovations)

6th Defendant

Procedural Posture

Civil Appeal / Application for Extension of Time to Appeal (leave to Appeal Out of Time)

Legal Issues

  1. 1 Whether to grant extension of time to appeal
  2. 2 Whether prejudice to plaintiffs from delay and lack of notice outweighs merits of proposed appeal
  3. 3 Whether defendants' explanations (need to call owners meeting; lack of funds) justify delay

Ratio Decidendi

Leave to appeal out of time refused because the prejudice to the plaintiffs from the defendants' unexplained delay, lack of notice and the significant costs already incurred was very heavy and outweighed the merits and public interest arguments advanced by the 1st and 5th defendants.

Court Disposition

Application for extension of time to appeal refused.

Orders

  • Leave to appeal out of time refused for the 1st and 5th defendants.
  • The plaintiffs' costs of this application are to be taxed (if not agreed) and paid by the 1st and 5th defendants.