WU SHENG LONG v. C-CORP PRECIOUS METALS LTD

WU SHENG LONG v. C-CORP PRECIOUS METALS LTD

The application for an extension of time was dismissed because the short delay was inexcusable — the plaintiff had correct legal advice and failed to verify his misunderstanding — and, in any event, he had no real prospect of success on the proposed appeal given that the Recorder's findings of fact and legal conclusions (principal-to-principal relationship, loss calculation, rejection of lien and consequential loss/indemnity) had proper evidential basis.

Citation
WU SHENG LONG v. C-CORP PRECIOUS METALS LTD
Parties
Plaintiff/applicant: Plaintiff; Defendant/respondent: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 June 2011
Case Number
HCMP888/2011
Procedural Posture
Application to Extend Time to File Notice of Appeal (post Judgment) / Application Heard; Reasons Handed Down After Hearing
Outcome
Application for extension of time to file notice of appeal dismissed
Legal Topics
Extension of Time, Delay, Real Prospect of Success, Conversion, Margin Trading, Implied Terms, Damages Assessment, Indemnity, Set Off
Source Language
EN
Civil Procedure Appeals Contract Property Torts Equity Commercial Law Extension of Time Delay +7 more

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Parties

Plaintiff

Plaintiff/applicant

Defendant

Defendant/respondent

Procedural Posture

Application to Extend Time to File Notice of Appeal (post Judgment) / Application Heard; Reasons Handed Down After Hearing

Legal Issues

  1. 1 Whether time for filing notice of appeal should be extended given delay and excuse
  2. 2 Whether plaintiff has a real prospect of success on the proposed appeal on grounds including breach of duties in liquidating margin account, calculation of loss, and entitlement to consequential loss/indemnity for conversion

Ratio Decidendi

The application for an extension of time was dismissed because the short delay was inexcusable — the plaintiff had correct legal advice and failed to verify his misunderstanding — and, in any event, he had no real prospect of success on the proposed appeal given that the Recorder's findings of fact and legal conclusions (principal-to-principal relationship, loss calculation, rejection of lien and consequential loss/indemnity) had proper evidential basis.

Court Disposition

Application for extension of time to file notice of appeal dismissed

Orders

  • Application dismissed
  • No extension of time to file notice of appeal granted