LI CHEONG v. LEE KWAI TAI also known as LI KWAI TAI

LI CHEONG v. LEE KWAI TAI also known as LI KWAI TAI

Dismissal of the application for extension of time was warranted because the plaintiff's delay was substantial and unexplained or inherently incredible, proper notices had been sent, there was no real prospect of success on the intended appeal (DNA evidence and absence of any evidence from plaintiff), and extension would cause prejudice and delay to the elderly defendant; the trial judge was entitled to proceed in the plaintiff's absence.

Citation
LI CHEONG v. LEE KWAI TAI also known as LI KWAI TAI
Parties
Defendant: LI KWAI TAI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 April 2017
Case Number
HCMP3190/2016
Procedural Posture
Probate Action / Application for Extension of Time to Appeal / Leave to Appeal Out of Time
Outcome
Application for extension of time to appeal dismissed
Legal Topics
Letters of Administration, Extension of Time to Appeal, Service of Process, DNA Evidence, Absence at Trial, Costs
Source Language
EN
Probate Civil Procedure Evidence Letters of Administration Extension of Time to Appeal Service of Process DNA Evidence Absence at Trial +1 more

Case Brief

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Parties

LI KWAI TAI

Defendant

Procedural Posture

Probate Action / Application for Extension of Time to Appeal / Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether to grant extension of time to appeal out of time
  2. 2 Whether the plaintiff received proper notice of the resumed trial
  3. 3 Whether the trial judge was entitled to proceed in the plaintiff's absence

Ratio Decidendi

Dismissal of the application for extension of time was warranted because the plaintiff's delay was substantial and unexplained or inherently incredible, proper notices had been sent, there was no real prospect of success on the intended appeal (DNA evidence and absence of any evidence from plaintiff), and extension would cause prejudice and delay to the elderly defendant; the trial judge was entitled to proceed in the plaintiff's absence.

Court Disposition

Application for extension of time to appeal dismissed

Orders

  • Summons of 16 November 2016 dismissed
  • Plaintiff ordered to pay the defendant's costs of the application fixed at HKD 110000