CHU SYMON HIN WING as the surviving manager of CHU NAM YUN (OR YUEN) (朱南園) suing on behalf of all members of CHU NAM YUN (OR YUEN) (朱南園) 對 OCCUPIER(S) OF THE PREMISES known as LOT NO. 1249 in DEMARCATION DISTRICT NO. 11, Tai Po, New Territories, Hong Kong 及另一人

CHU SYMON HIN WING as the surviving manager of CHU NAM YUN (OR YUEN) (朱南園) suing on behalf of all members of CHU NAM YUN (OR YUEN) (朱南園) 對 OCCUPIER(S) OF THE PREMISES known as LOT NO. 1249 in DEMARCATION DISTRICT NO. 11, Tai Po, New Territories, Hong Kong 及另一人

Refusal of leave to appeal out of time was justified because the delay of approximately 11 months was excessive, the explanations for delay were vague and unsupported by evidence, the proposed appeal had no reasonable prospect of success based on the trial judge’s findings, and granting leave would prejudice the...

Source-derived case information.

Citation
[2025] HKDC 1197
Parties
Plaintiff: CHU SYMON HIN WING as surviving manager of CHU NAM YUN (OR YUEN) suing on behalf of all members of CHU NAM YUN (OR YUEN); First Defendant: OCCUPIER(S) OF THE PREMISES known as LOT NO. 1249 in DEMARCATION DISTRICT NO. 11, Tai Po, New Territories, Hong Kong; Second Defendant: 潘家駿
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
25 July 2025
Case Number
DCMP4484/2021
Procedural Posture
Application for Leave to Appeal Out of Time Following District Court Judgment and Possession Order / Post Judgment Leave to Appeal Application
Outcome
Application for leave to appeal out of time refused.
Legal Topics
Leave to Appeal, Extension of Time, Possession, Costs
Source Language
ch
Civil Procedure Property Appeal Leave to Appeal Extension of Time Possession Costs

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Parties

CHU SYMON HIN WING as surviving manager of CHU NAM YUN (OR YUEN) suing on behalf of all members of CHU NAM YUN (OR YUEN)

Plaintiff

OCCUPIER(S) OF THE PREMISES known as LOT NO. 1249 in DEMARCATION DISTRICT NO. 11, Tai Po, New Territories, Hong Kong

First Defendant

潘家駿

Second Defendant

Procedural Posture

Application for Leave to Appeal Out of Time Following District Court Judgment and Possession Order / Post Judgment Leave to Appeal Application

Legal Issues

  1. 1 Whether leave to appeal out of time should be granted under s63A(2) of the District Court Ordinance
  2. 2 Whether the length and explanation for delay justify extension of time
  3. 3 Whether the proposed appeal has a reasonable prospect of success

Ratio Decidendi

Refusal of leave to appeal out of time was justified because the delay of approximately 11 months was excessive, the explanations for delay were vague and unsupported by evidence, the proposed appeal had no reasonable prospect of success based on the trial judge’s findings, and granting leave would prejudice the plaintiff and public interest; accordingly s63A(2) criteria were not met.

Court Disposition

Application for leave to appeal out of time refused.

Orders

  • Second defendant's application for leave to appeal out of time is refused.
  • Second defendant to pay plaintiff's costs of the application in the sum fixed at HK$18,000.