RE CUCUN FATIMAH

RE CUCUN FATIMAH

The application to extend time was refused because the applicant failed to produce documentary evidence or particulars to substantiate her claimed excuse (childbirth and single parenthood), and the facts as pleaded did not demonstrate a sufficient reason for the delay.

Citation
[2019] HKCFI 1471
Parties
Applicant: Cucun Fatimah
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 June 2019
Case Number
HCAL411/2018
Procedural Posture
Constitutional and Administrative Law (hcal 411/2018) / Decision (chambers Hearing)
Outcome
Application to extend time refused
Legal Topics
Extension of Time, Leave to Appeal, Delay Due to Childbirth
Source Language
EN
Constitutional and Administrative Law Civil Procedure Extension of Time Leave to Appeal Delay Due to Childbirth

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Parties

Cucun Fatimah

Applicant

Procedural Posture

Constitutional and Administrative Law (hcal 411/2018) / Decision (chambers Hearing)

Legal Issues

  1. 1 Whether the court should extend time for the intended appeal
  2. 2 Whether the applicant's childbirth and single‑parent status justified the delay
  3. 3 Whether the applicant provided sufficient documentary evidence to excuse the delay

Ratio Decidendi

The application to extend time was refused because the applicant failed to produce documentary evidence or particulars to substantiate her claimed excuse (childbirth and single parenthood), and the facts as pleaded did not demonstrate a sufficient reason for the delay.

Court Disposition

Application to extend time refused

Orders

  • Application dismissed
  • No extension of time granted