RE MD RIAT

RE MD RIAT

Extension of time was refused because the applicant had an unexplained and serious delay of over four months, provided no documentary evidence or satisfactory reason, failed to identify any error or provide draft grounds showing a real prospect of success, and the second application amounted to an abuse of process; accordingly extension would be futile and was denied.

Citation
[2020] HKCFI 1154
Parties
Applicant: MD RIAT
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 June 2020
Case Number
HCAL362/2018
Procedural Posture
Judicial Review Extension of Time to Appeal / Summons for Leave to Appeal Out of Time (application)
Outcome
Application for extension of time to appeal refused; summons dismissed.
Legal Topics
Extension of Time, Leave to Appeal, Abuse of Process, Judicial Review
Source Language
EN
Constitutional and Administrative Law Extension of Time Leave to Appeal Abuse of Process Judicial Review

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Parties

MD RIAT

Applicant

Procedural Posture

Judicial Review Extension of Time to Appeal / Summons for Leave to Appeal Out of Time (application)

Legal Issues

  1. 1 Whether to extend time to file an appeal against refusal of leave to apply for judicial review
  2. 2 Whether the applicant provided a satisfactory explanation and evidence for the delay
  3. 3 Whether the intended appeal has any prospect of success

Ratio Decidendi

Extension of time was refused because the applicant had an unexplained and serious delay of over four months, provided no documentary evidence or satisfactory reason, failed to identify any error or provide draft grounds showing a real prospect of success, and the second application amounted to an abuse of process; accordingly extension would be futile and was denied.

Court Disposition

Application for extension of time to appeal refused; summons dismissed.

Orders

  • Refuse application for extension of time to appeal
  • Dismiss the summons