RE HARJEET SINGH
The court held that a two‑week delay is not necessarily insignificant and, given the applicant's unchanged address, the explanation of non‑receipt was unsatisfactory; therefore an extension of time should not be granted under the circumstances.
Source-derived case information.
- Citation
- [2019] HKCFI 187
- Parties
- Applicant: Harjeet Singh
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 23 January 2019
- Case Number
- HCAL46/2018
- Procedural Posture
- Judicial Review Extension of Time Application / Decision
- Outcome
- Application for extension of time refused
- Legal Topics
- Extension of Time, Service of Court Documents, Delay, Leave to Apply for Judicial Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Harjeet Singh
Applicant
Procedural Posture
Judicial Review Extension of Time Application / Decision
Legal Issues
- 1 Whether a two‑week delay in taking steps could be regarded as insignificant
- 2 Whether the applicant's explanation that he did not receive the court order/decision was satisfactory
- 3 Whether unchanged residential address undermines the applicant's claim of non‑service
Ratio Decidendi
The court held that a two‑week delay is not necessarily insignificant and, given the applicant's unchanged address, the explanation of non‑receipt was unsatisfactory; therefore an extension of time should not be granted under the circumstances.
Court Disposition
Application for extension of time refused
Orders
- Application for extension of time refused
Full Case Text
Judgment text and source record
1 paragraphs
bjbj HCAL 46/2018 [2019] HKCFI 187 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 46 OF 2018 ______________ BETWEEN HARJEET SINGH Applicant ______________ Before: Deputy High Court Judge Bruno Chan in Chambers Date of Hearing: 4 January 2019 Date of Decision: 23 January 2019 D E C I S I O N On 19 granted. In the applicant s case a delay of two weeks may not be regarded as insignificant, for which he claimed in his supporting affirmation of the same date not to have received the order or the decision from the Court and hence was not aware of the decision until he was informed by the Immigration Officer. However, as he also confirmed that during that period of time he did not change his address provided to the Court which is in fact still where he is residing, I have reservation with his explanation, {rlf_ hCkE hCkE hkem hCkE gdCkE gdCkE gd<D gd<D gd<D hCkE gd<D h9ie h9ie h:Z{ h:Z{ h:Z{ h9ie h9ie h9ie h9ie h9ie h:Z{ h9ie :pkem [Content_Types].xml _rels/.rels theme/theme/themeManager.xml K Y, sQ}# theme/theme/theme1.xml $O}) Xp90 +PHI| PP yu 9xu5 fs+W VF7H q=. 8}d- qyI@ j!Q_ jyV` |PZ+ T ""p < 4V O&x$ A8>v ;EUC n 8r *~P(5 .}x E /,EE\} theme/theme/_rels/themeManager.xml.rels 5 6?$Q K(M&$R(.1 [Content_Types].xmlPK _rels/.relsPK theme/theme/themeManager.xmlPK theme/theme/theme1.xmlPK theme/theme/_rels/themeManager.xml.relsPK <?xml version="1.0" encoding="UTF-8" standalone="yes"?> <a:clrMap xmlns:a="http://schemas.openxmlformats.org/drawingml/2006/main" bg1="lt1" tx1="dk1" bg2="lt2" tx2="dk2" accent1="accent1" accent2="accent2" accent3="accent3" accent4="accent4" accent5="accent5" accent6="accent6" hlink="hlink" folHlink="folHlink"/> &tBL =a3VN Bh!i Bh!i =a3 2>$g _V5i qgqTq HCSD 17/2012 High Court CACC 283-2007.dot Windows User Microsoft Office Word Judiciary Hong Kong HCSD 17/2012 Title pQ@[ pQ@[ <?xml version="1.0" encoding="UTF-8" standalone="no"?><b:Sources SelectedStyle="\APA.XSL" StyleName="APA" xmlns:b="http://schemas.openxmlformats.org/officeDocument/2006/bibliography" xmlns="http://schemas.openxmlformats.org/officeDocument/2006/bibliography"></b:Sources> <?xml version="1.0" encoding="UTF-8" standalone="no"?> <ds:datastoreItem ds:itemID="{B3747901-1F02-4744-B767-BAD190579A1B}" xmlns:ds="http://schemas.openxmlformats.org/officeDocument/2006/customXml"><ds:schemaRefs><ds:schemaRef ds:uri="http://schemas.openxmlformats.org/officeDocument/2006/bibliography"/></ds:schemaRefs></ds:datastoreItem> Microsoft Word 97-2003 Document MSWordDoc Word.Document.8