蔡振昇 對 王國春

蔡振昇 對 王國春

Refusal of extension and leave because delay of about 22 months was excessive, respondent failed to give a reasonable explanation for the delay (despite having legal aid at the time of judgment), respondent did not demonstrate reasonable attempts to comply with time limits, and the proposed grounds either duplicated...

Source-derived case information.

Citation
[2018] HKDC 104
Parties
Applicant: CHOY CHUN SING (蔡振昇); Respondent: WONG KWOK CHUN (王國春)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 January 2018
Case Number
DCEC420/2013
Procedural Posture
僱員補償案件 (employee's Compensation) / Application for Extension of Time for Leave to Appeal (post‑judgment)
Outcome
Application for extension of time and for leave to appeal refused; the summons issued 1 November 2017 is set aside.
Legal Topics
Leave to Appeal, Extension of Time, Procedural Compliance, Costs
Source Language
ch
Employment Law Workers' Compensation Civil Procedure Appeals Leave to Appeal Extension of Time Procedural Compliance Costs

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Parties

CHOY CHUN SING (蔡振昇)

Applicant

WONG KWOK CHUN (王國春)

Respondent

Procedural Posture

僱員補償案件 (employee's Compensation) / Application for Extension of Time for Leave to Appeal (post‑judgment)

  1. 1 whether to grant extension of time for leave to appeal
  2. 2 whether respondent provided a reasonable explanation for delay
  3. 3 whether the proposed appeal has a reasonable prospect of success

Ratio Decidendi

Refusal of extension and leave because delay of about 22 months was excessive, respondent failed to give a reasonable explanation for the delay (despite having legal aid at the time of judgment), respondent did not demonstrate reasonable attempts to comply with time limits, and the proposed grounds either duplicated matters already considered at trial, were not raised at trial, or are irrelevant to an employees' compensation claim; therefore there was no reasonable prospect of success or other justice‑based reason to grant leave.

Court Disposition

Application for extension of time and for leave to appeal refused; the summons issued 1 November 2017 is set aside.

Orders

  • Application for extension of time and for leave to appeal refused
  • The summons issued by respondent on 1 November 2017 is set aside