RE CHAN CHI HO LINCOLN

RE CHAN CHI HO LINCOLN

Although the delay was excusable due to solicitor misapprehension about the amended statute, the proposed Notice of Appeal did not raise arguable grounds; accordingly the court exercised its discretion to refuse the extension of time.

Citation
RE CHAN CHI HO LINCOLN
Parties
Petitioner: Petitioner; Applicant/bankrupt: Bankrupt; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 December 2008
Case Number
HCB9158/2007
Procedural Posture
Bankruptcy — Application for Extension of Time to Serve Notice of Appeal / Chambers Application After Dismissal of Annulment Application
Outcome
Application dismissed
Legal Topics
Extension of Time, Service of Notice of Appeal, Transitional Provisions, Costs
Source Language
EN
Bankruptcy Civil Procedure Appeals Extension of Time Service of Notice of Appeal Transitional Provisions Costs

Case Brief

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Parties

Petitioner

Petitioner

Bankrupt

Applicant/bankrupt

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy — Application for Extension of Time to Serve Notice of Appeal / Chambers Application After Dismissal of Annulment Application

Legal Issues

  1. 1 Whether the court should grant an extension of time to serve a Notice of Appeal
  2. 2 Whether the amendments to the Bankruptcy Ordinance applied or the transitional provision left the old time limit applicable
  3. 3 Whether the delay in serving the Notice of Appeal was excusable

Ratio Decidendi

Although the delay was excusable due to solicitor misapprehension about the amended statute, the proposed Notice of Appeal did not raise arguable grounds; accordingly the court exercised its discretion to refuse the extension of time.

Court Disposition

Application dismissed

Orders

  • Application for extension of time to serve Notice of Appeal dismissed
  • Petitioner to have the costs of this application to be paid out of the bankrupt's estate