PETER AR FU LAM v. BUILDING AUTHORITY

PETER AR FU LAM v. BUILDING AUTHORITY

Application for leave to appeal out of time was dismissed because the short nine-day delay was self-inflicted and inexcusable and, more importantly, the intended appeal had no substance or reasonable prospects of success; the Judge did not err in refusing leave to apply for judicial review and was entitled to...

Source-derived case information.

Citation
PETER AR FU LAM v. BUILDING AUTHORITY
Parties
Applicant: Peter Ar-Fu Lam; Respondent: Building Authority
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 December 2015
Case Number
HCMP2878/2015
Procedural Posture
Judicial Review / Application for Leave to Appeal Out of Time
Outcome
Application for leave to appeal out of time dismissed; original order refusing leave to apply for judicial review upheld
Legal Topics
Extension of Time, Leave to Appeal, Demolition Order, Time Limit for Appeal
Source Language
en
Administrative Law Procedural Law Judicial Review Extension of Time Leave to Appeal Demolition Order Time Limit for Appeal

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Parties

Peter Ar-Fu Lam

Applicant

Building Authority

Respondent

Procedural Posture

Judicial Review / Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether to grant extension of time to appeal
  2. 2 Whether the Judge erred in refusing leave to apply for judicial review
  3. 3 Whether the delay was excusable or self-inflicted

Ratio Decidendi

Application for leave to appeal out of time was dismissed because the short nine-day delay was self-inflicted and inexcusable and, more importantly, the intended appeal had no substance or reasonable prospects of success; the Judge did not err in refusing leave to apply for judicial review and was entitled to proceed while the applicant was overseas.

Court Disposition

Application for leave to appeal out of time dismissed; original order refusing leave to apply for judicial review upheld

Orders

  • Dismissed the applicant's application for leave to appeal out of time
  • No order as to costs