HIU HUNG POR 對 THE COLLECTOR OF STAMP REVENUE

HIU HUNG POR 對 THE COLLECTOR OF STAMP REVENUE

The court dismissed both applications because the appellant failed to produce credible evidence of illness, absence or other reasonable cause to justify extension of time, had engaged solicitors before the deadline (undermining the absence claim), failed to prove financial hardship or provide the required guarantee...

Source-derived case information.

Citation
[2018] HKDC 1319
Parties
Appellant: HIU HUNG POR; Respondent: THE COLLECTOR OF STAMP REVENUE
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
9 November 2018
Case Number
DCSA283/2018
Procedural Posture
Stamp Duty Appeal / Application Hearing (extension of Time and Leave to Appeal Without Payment)
Outcome
Summons dismissed; appeal struck out; costs awarded to respondent.
Legal Topics
Extension of Appeal Period, Leave to Appeal Without Payment, Financial Hardship, Procedural Compliance, Costs
Source Language
ch
Tax Law Stamp Duty Administrative Law Civil Procedure Extension of Appeal Period Leave to Appeal Without Payment Financial Hardship Procedural Compliance +1 more

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Parties

HIU HUNG POR

Appellant

THE COLLECTOR OF STAMP REVENUE

Respondent

Procedural Posture

Stamp Duty Appeal / Application Hearing (extension of Time and Leave to Appeal Without Payment)

  1. 1 Whether to grant extension of time to lodge stamp duty appeal under s14(5B)
  2. 2 Whether to permit appeal to proceed without prior payment of assessed stamp duty under s14(1B)
  3. 3 Whether applicant established illness, absence from Hong Kong or other reasonable cause for delay

Ratio Decidendi

The court dismissed both applications because the appellant failed to produce credible evidence of illness, absence or other reasonable cause to justify extension of time, had engaged solicitors before the deadline (undermining the absence claim), failed to prove financial hardship or provide the required guarantee under s14(1B), and therefore both the extension and leave to appeal without payment were refused; summons revoked and case struck out with costs awarded to respondent.

Court Disposition

Summons dismissed; appeal struck out; costs awarded to respondent.

Orders

  • Application for extension of time to lodge appeal dismissed
  • Application to permit appeal without payment dismissed