蔣立維 對 平安大樓業主立案法團

蔣立維 對 平安大樓業主立案法團

The application for late permission to appeal was refused because the five-day delay lacked an acceptable explanation, the applicant's proposed grounds were repetitive and lacked any real prospect of success, there were no special grounds to admit new evidence, and no other reasons justified granting a hearing;...

Source-derived case information.

Citation
[2022] HKCA 1830
Parties
Appellant: CHIANG LI WEI (蔣立維); Respondent: THE INCORPORATED OWNERS OF ALHAMBRA BUILDING (平安大樓業主立案法團)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
16 December 2022
Case Number
CAMP4/2022
Procedural Posture
Application for Late Permission to Appeal to the Court of Appeal Against a District Court/regional Court Judgment / Application for Extension of Time and Permission to Appeal Considered on Paper Under High Court Rules O59 R2 A(5)(a)
Outcome
application for extension of time and for permission to appeal refused
Legal Topics
Leave to Appeal, Extension of Time, New Evidence (ladd V Marshall), Adverse Possession, Mesne Profits, Costs
Source Language
ch
Civil Procedure Property Law Landlord and Tenant Appeal Procedure Leave to Appeal Extension of Time New Evidence (ladd V Marshall) Adverse Possession +2 more

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Parties

CHIANG LI WEI (蔣立維)

Appellant

THE INCORPORATED OWNERS OF ALHAMBRA BUILDING (平安大樓業主立案法團)

Respondent

Procedural Posture

Application for Late Permission to Appeal to the Court of Appeal Against a District Court/regional Court Judgment / Application for Extension of Time and Permission to Appeal Considered on Paper Under High Court Rules O59 R2 A(5)(a)

  1. 1 whether to grant extension of time for leave to appeal
  2. 2 whether the proposed appeal has a reasonable prospect of success
  3. 3 whether the new evidence should be admitted under Ladd v Marshall special grounds

Ratio Decidendi

The application for late permission to appeal was refused because the five-day delay lacked an acceptable explanation, the applicant's proposed grounds were repetitive and lacked any real prospect of success, there were no special grounds to admit new evidence, and no other reasons justified granting a hearing; accordingly the late leave application was dismissed and costs awarded to respondent.

Court Disposition

application for extension of time and for permission to appeal refused

Orders

  • application dismissed and the originating summons filed 4 January 2022 is struck out
  • applicant ordered to pay respondent's costs; respondent filed a costs schedule of HKD 42,130 and applicant permitted 21 days to file a written response limited to 2 pages; costs to be assessed on paper under simplified procedure