FWD LIFE INSURANCE COMPANY (BERMUDA) LTD 對 NG YU FU 及另二人

FWD LIFE INSURANCE COMPANY (BERMUDA) LTD 對 NG YU FU 及另二人

The court refused the late applications because the applicants failed to provide an acceptable explanation for the delay (no recorded earlier filing; health claim did not cover the relevant period; no explanation from second defendant) and failed to show a reasonable prospect of success on appeal (translation and...

Source-derived case information.

Citation
FWD LIFE INSURANCE COMPANY (BERMUDA) LTD 對 NG YU FU 及另二人
Parties
Plaintiff: FWD LIFE INSURANCE COMPANY (BERMUDA) LIMITED (formerly known as ING LIFE INSURANCE COMPANY (BERMUDA) LIMITED); First Defendant: NG YU FU (吳如富); Second Defendant: YEUNG TAK LUN (楊德崙); Third Defendant: KWOK KAM PING (郭金炳)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
1 September 2017
Case Number
DCCJ758/2012
Procedural Posture
Civil Application for Extension of Time to Appeal / Hearing on Permission to Appeal (out of Time)
Outcome
Out-of-time applications for permission to appeal dismissed
Legal Topics
Permission to Appeal, Extension of Time, Injunction Effect on Commerce, Summary Assessment of Costs
Source Language
ch
Civil Procedure Appeal Injunctions Costs Permission to Appeal Extension of Time Injunction Effect on Commerce Summary Assessment of Costs

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Parties

FWD LIFE INSURANCE COMPANY (BERMUDA) LIMITED (formerly known as ING LIFE INSURANCE COMPANY (BERMUDA) LIMITED)

Plaintiff

NG YU FU (吳如富)

First Defendant

YEUNG TAK LUN (楊德崙)

Second Defendant

KWOK KAM PING (郭金炳)

Third Defendant

Procedural Posture

Civil Application for Extension of Time to Appeal / Hearing on Permission to Appeal (out of Time)

  1. 1 whether to grant permission for a late appeal
  2. 2 whether applicants provided adequate explanation for the delay
  3. 3 whether applicants demonstrated a reasonable prospect of success on appeal

Ratio Decidendi

The court refused the late applications because the applicants failed to provide an acceptable explanation for the delay (no recorded earlier filing; health claim did not cover the relevant period; no explanation from second defendant) and failed to show a reasonable prospect of success on appeal (translation and injunction complaints were unmeritorious); accordingly the out-of-time applications were dismissed and costs awarded to the plaintiff.

Court Disposition

Out-of-time applications for permission to appeal dismissed

Orders

  • The two defendants' applications for permission to appeal (filed 6 July 2017) are dismissed as being out of time
  • The two defendants ordered to pay the plaintiff's costs of this application assessed summarily at HKD 50,000