CHEUNG MAN YU v. LAU YUEN CHING AND OTHERS

CHEUNG MAN YU v. LAU YUEN CHING AND OTHERS

The application was dismissed because the appellant failed to set down the appeal under Order 59 r5(1) despite serving the Notice of Appeal in time; the correct remedy was an extension of time to set down the appeal rather than leave to appeal, and the ex parte renewal application was misconceived and improperly made.

Citation
CHEUNG MAN YU v. LAU YUEN CHING AND OTHERS
Parties
Applicant: Cheung Man Yu; 1st Respondent: Lau Yuen Ching; 2nd Respondent: Lau Chun Yau; 3rd Respondent: Lin Fat Tong Company Limited; 4th Respondent: Lin Fat Tong (an unincorporated association); 5th Respondent: The Secretary for Justice
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 March 2003
Case Number
HCMP542/2003
Procedural Posture
Court of Appeal Appeal From HCMP 2421 of 2000 Concerning Conversion of Originating Summons to Writ and Proceedings Under Trustee Ordinance S.57 a / Renewed Application for Extension of Time to Appeal (application Dismissed)
Outcome
Application dismissed
Legal Topics
Section 57 a Trustee Ordinance, Order 120 Rules of the High Court, Conversion of Originating Summons to Writ, Extension of Time to Appeal, Setting Down Appeals Under Order 59 Rule 5(1), Leave to Appeal, Ex Parte Applications
Source Language
EN
Trusts and Trustees Charity Law Civil Procedure Appeal Procedure Section 57 a Trustee Ordinance Order 120 Rules of the High Court Conversion of Originating Summons to Writ Extension of Time to Appeal +3 more

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Parties

Cheung Man Yu

Applicant

Lau Yuen Ching

1st Respondent

Lau Chun Yau

2nd Respondent

Lin Fat Tong Company Limited

3rd Respondent

Lin Fat Tong (an unincorporated association)

4th Respondent

The Secretary for Justice

5th Respondent

Procedural Posture

Court of Appeal Appeal From HCMP 2421 of 2000 Concerning Conversion of Originating Summons to Writ and Proceedings Under Trustee Ordinance S.57 a / Renewed Application for Extension of Time to Appeal (application Dismissed)

Legal Issues

  1. 1 Whether the applicant was entitled to an extension of time to appeal Deputy Judge Poon's order
  2. 2 Whether the correct remedy was extension of time to set down the appeal under Order 59 r5(1) rather than leave to appeal
  3. 3 Whether leave to appeal was required in the circumstances

Ratio Decidendi

The application was dismissed because the appellant failed to set down the appeal under Order 59 r5(1) despite serving the Notice of Appeal in time; the correct remedy was an extension of time to set down the appeal rather than leave to appeal, and the ex parte renewal application was misconceived and improperly made.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • No order as to costs