梁志文 對 香港特別行政區政府

梁志文 對 香港特別行政區政府

The application was 22 days late, the time limit ran from the date of the order (31 March 2022), and the appellant failed to show good cause to extend the statutory deadline or to demonstrate that the proposed appeal raised issues of general or public importance or identified error in the order removing his appeal;...

Source-derived case information.

Citation
[2022] HKCA 1093
Parties
Appellant: Leung Chi Man; Respondent: Government of the Hong Kong Special Administrative Region
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
5 August 2022
Case Number
CACV115/2021
Procedural Posture
Civil Appeal / Application for Leave to Appeal to Court of Final Appeal and Application for Extension of Time
Outcome
Application for extension of time and for leave to appeal to the Court of Final Appeal refused; notice of motion struck out.
Legal Topics
Extension of Time, Leave to Appeal, Procedural Compliance, Striking Out Appeal
Source Language
ch
Civil Procedure Appeals Court of Final Appeal Practice Extension of Time Leave to Appeal Procedural Compliance Striking Out Appeal

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Leung Chi Man

Appellant

Government of the Hong Kong Special Administrative Region

Respondent

Procedural Posture

Civil Appeal / Application for Leave to Appeal to Court of Final Appeal and Application for Extension of Time

Legal Issues

  1. 1 Whether to extend the 28-day statutory time limit for applying for leave to appeal to the Court of Final Appeal
  2. 2 Whether the proposed appeal raises issues of general/public importance under s22(1)(b) of the Court of Final Appeal Ordinance
  3. 3 Whether the appellant identified any error in the appellate court's order removing his appeal

Ratio Decidendi

The application was 22 days late, the time limit ran from the date of the order (31 March 2022), and the appellant failed to show good cause to extend the statutory deadline or to demonstrate that the proposed appeal raised issues of general or public importance or identified error in the order removing his appeal; accordingly the extension and leave were refused and the motion struck out.

Court Disposition

Application for extension of time and for leave to appeal to the Court of Final Appeal refused; notice of motion struck out.

Orders

  • Refuse to extend time for filing the leave application and refuse leave to appeal to the Court of Final Appeal
  • Strike out the Notice of Motion filed 19 May 2022