有關何漢標的事宜

有關何漢標的事宜

Application for leave to appeal out of time was refused because the debtor had a 51‑day unexplained delay beyond the 28‑day appeal period, produced no credible explanation or new evidence, had no real prospect of success since the matters were already litigated and rejected (issue estoppel/res judicata), and...

Source-derived case information.

Citation
[2024] HKCFI 904
Parties
Applicant: Li Miu Kwai (Representing the Estate of Ho Hon Ka (Deceased)); Debtor: Ho Hon Piu (何漢標)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 March 2024
Case Number
HCB5972/2023
Procedural Posture
Bankruptcy Petition (appeal Against Bankruptcy Order) / Application for Leave to Appeal Out of Time Under S98(2) of the Bankruptcy Ordinance
Outcome
The debtor's application for leave to appeal out of time is dismissed.
Legal Topics
Leave to Appeal Out of Time, Res Judicata / Issue Estoppel, Statutory Demand, Costs, Extension of Time Discretion
Source Language
ch
Bankruptcy Law Civil Procedure Appeal Jurisdiction Leave to Appeal Out of Time Res Judicata / Issue Estoppel Statutory Demand Costs Extension of Time Discretion

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Parties

Li Miu Kwai (Representing the Estate of Ho Hon Ka (Deceased))

Applicant

Ho Hon Piu (何漢標)

Debtor

Procedural Posture

Bankruptcy Petition (appeal Against Bankruptcy Order) / Application for Leave to Appeal Out of Time Under S98(2) of the Bankruptcy Ordinance

  1. 1 Whether the court should grant leave to appeal out of time against a bankruptcy order
  2. 2 Whether the debtor has provided an acceptable explanation for a 51‑day delay
  3. 3 Whether the debtor has an arguable prospect of success on appeal

Ratio Decidendi

Application for leave to appeal out of time was refused because the debtor had a 51‑day unexplained delay beyond the 28‑day appeal period, produced no credible explanation or new evidence, had no real prospect of success since the matters were already litigated and rejected (issue estoppel/res judicata), and therefore the court had no basis to exercise its discretion to extend time; costs were awarded to the applicant.

Court Disposition

The debtor's application for leave to appeal out of time is dismissed.

Orders

  • Dismissed the debtor's application for leave to appeal out of time
  • Debtor to pay the applicant's costs of the application assessed summarily at HK$40,000; costs order is provisional and to become absolute if not varied within 14 days from judgment date