CENTURY INTERNATIONAL FINANCE LTD 對 梁禮樂

CENTURY INTERNATIONAL FINANCE LTD 對 梁禮樂

The application for extension was refused because the defendant offered no reasonable explanation for the 14‑day late filing, the proposed grounds had no real prospect of success (factual disputes and forgery allegations require trial), limitation was misconstrued and no clear prejudice from delay was proved; the...

Source-derived case information.

Citation
[2023] HKDC 1720
Parties
Plaintiff: CENTURY INTERNATIONAL FINANCE LIMITED; Defendant: LEUNG LAI LOK (梁禮樂)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
8 December 2023
Case Number
DCCJ3492/2017
Procedural Posture
Civil Proceedings (debt Claim) / Application for Extension of Time to File Appeal Against Hearing Officer's Order; Appeal Hearing on Permission and Costs
Outcome
Out‑of‑time appeal application dismissed; appeal not permitted; costs awarded to plaintiff
Legal Topics
Extension of Time, Permission to Appeal, Striking Out Application, Summary Assessment of Costs, Licensed Moneylender, Forgery Allegation, Prejudice Through Delay
Source Language
ch
Civil Procedure Appeals Costs Contract Limitation Extension of Time Permission to Appeal Striking Out Application +4 more

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 4 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

CENTURY INTERNATIONAL FINANCE LIMITED

Plaintiff

LEUNG LAI LOK (梁禮樂)

Defendant

Procedural Posture

Civil Proceedings (debt Claim) / Application for Extension of Time to File Appeal Against Hearing Officer's Order; Appeal Hearing on Permission and Costs

  1. 1 Whether to extend time for lodging an out‑of‑time appeal
  2. 2 Whether the proposed appeal has a real prospect of success
  3. 3 Whether the hearing officer erred in ordering costs of $30,000

Ratio Decidendi

The application for extension was refused because the defendant offered no reasonable explanation for the 14‑day late filing, the proposed grounds had no real prospect of success (factual disputes and forgery allegations require trial), limitation was misconstrued and no clear prejudice from delay was proved; the hearing officer's costs order of HKD 30,000 was not an error and stands.

Court Disposition

Out‑of‑time appeal application dismissed; appeal not permitted; costs awarded to plaintiff

Orders

  • Dismissed the defendant's application to file an out‑of‑time appeal
  • Defendant to pay the plaintiff's costs of the appeal (provisionally assessed at HKD 30,000). If no application to vary this provisional order is made within 14 days the order becomes absolute