ACADA DEVELOPMENT CO. LTD. v. EPCO UNDUSTRIE-AUSRUESTUNGEN GMBH

ACADA DEVELOPMENT CO. LTD. v. EPCO UNDUSTRIE-AUSRUESTUNGEN GMBH

The Court granted an extension of time because the ten day delay by the foreign defendant in raising funds was reasonable, the proposed appeal was not plainly unarguable, and any prejudice to the plaintiff could be compensated by terms; accordingly time to serve the Notice of Appeal was extended subject to the defendant providing specified security within the extension period.

Citation
ACADA DEVELOPMENT CO. LTD. v. EPCO UNDUSTRIE-AUSRUESTUNGEN GMBH
Parties
Plaintiff/respondent: ACADA DEVELOPMENT CO. LTD.; Defendant/appellant: EPCO INDUSTRIE-AUSRUESTUNGEN GMBH
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 June 1985
Case Number
HCMP1350/1985
Procedural Posture
Miscellaneous Proceedings (arbitration) / Application for Extension of Time to Appeal (interlocutory)
Outcome
Application for extension of time granted on conditions
Legal Topics
Extension of Time, Interlocutory Order, Jurisdiction to Appoint Arbitrator, Service Out of Jurisdiction, Security for Costs
Source Language
EN
Arbitration Civil Procedure Appeals Commercial Law Extension of Time Interlocutory Order Jurisdiction to Appoint Arbitrator Service Out of Jurisdiction +1 more

Case Brief

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Parties

ACADA DEVELOPMENT CO. LTD.

Plaintiff/respondent

EPCO INDUSTRIE-AUSRUESTUNGEN GMBH

Defendant/appellant

Procedural Posture

Miscellaneous Proceedings (arbitration) / Application for Extension of Time to Appeal (interlocutory)

Legal Issues

  1. 1 Whether the decision of Mayo J. was interlocutory or final
  2. 2 Whether the Court should extend time for filing a Notice of Appeal
  3. 3 Whether the explanation for the delay was sufficient

Ratio Decidendi

The Court granted an extension of time because the ten day delay by the foreign defendant in raising funds was reasonable, the proposed appeal was not plainly unarguable, and any prejudice to the plaintiff could be compensated by terms; accordingly time to serve the Notice of Appeal was extended subject to the defendant providing specified security within the extension period.

Court Disposition

Application for extension of time granted on conditions

Orders

  • Extend the time within which Notice of Appeal may be served for 14 days from 7 June 1985, provided that the Defendant within that period pays to the Plaintiff's solicitors, on the usual undertakings, the sum of $150,000