BAYNARD LTD 對 TAM PAK HO

BAYNARD LTD 對 TAM PAK HO

Permission to appeal out of time was refused because the applicant's delay was inordinate and unexplained, the purported grounds were frivolous and without reasonable prospect of success, and there were no other compelling reasons of justice to hear the appeal despite the delay.

Source-derived case information.

Citation
[2018] HKCA 27
Parties
Plaintiff: baynard limited; Defendant: tam pak ho; Intervener: 壬旺上
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
19 January 2018
Case Number
CAMP65/2017
Procedural Posture
Application for Permission to Appeal (out of Time) From District Court Judgment / Leave to Appeal Application (refused)
Outcome
Application for out‑of‑time permission to appeal refused; costs awarded to plaintiff; procedural restraint order made
Legal Topics
Leave to Appeal, Extension of Time, Summary Judgment, Possession, Rent Arrears, Assessment of Damages, Costs
Source Language
ch
Civil Procedure Landlord and Tenant Law Contract Law Appeal Law Leave to Appeal Extension of Time Summary Judgment Possession +3 more

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Parties

baynard limited

Plaintiff

tam pak ho

Defendant

壬旺上

Intervener

Procedural Posture

Application for Permission to Appeal (out of Time) From District Court Judgment / Leave to Appeal Application (refused)

  1. 1 Whether out‑of‑time permission to appeal should be granted
  2. 2 Whether the applicant has a reasonable prospect of success on appeal
  3. 3 Whether the unexplained delay is excusable

Ratio Decidendi

Permission to appeal out of time was refused because the applicant's delay was inordinate and unexplained, the purported grounds were frivolous and without reasonable prospect of success, and there were no other compelling reasons of justice to hear the appeal despite the delay.

Court Disposition

Application for out‑of‑time permission to appeal refused; costs awarded to plaintiff; procedural restraint order made

Orders

  • Out‑of‑time permission to appeal refused
  • No party may seek in oral hearings to re‑open or re‑consider the court's paragraph 19 ruling (order made under High Court Rules Order 59 r2A(8))