ALLIED SUCCESS CREATION LTD v. CHEUNG HON KUEN AND OTHERS

ALLIED SUCCESS CREATION LTD v. CHEUNG HON KUEN AND OTHERS

Although the applicant's 56‑day delay was substantial and inexcusable, the court granted an extension because overall justice required it given (a) the inordinate delay in delivering the original judgment which may have diminished the trial judge's advantage and required closer scrutiny of the contested findings, (b) the existence of extant appeals by other defendants on the same or substantially the same grounds, and (c) all defendants would be represented by the same legal team, meaning joint disposition of appeals served justice.

Citation
ALLIED SUCCESS CREATION LTD v. CHEUNG HON KUEN AND OTHERS
Parties
Plaintiff: Plaintiff; 1st Defendant: 1st Defendant; 2nd Defendant (applicant): 2nd Defendant; 3rd Defendant: 3rd Defendant; 4th Defendant (estate Agent): 4th Defendant; 5th Defendant (purchaser Company): 5th Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 September 2015
Case Number
HCMP1388/2015
Procedural Posture
Civil Application for Extension of Time to Appeal From High Court Judgment / Interlocutory Application for Leave/extension to File Notice of Appeal
Outcome
Extension of time to serve and file notice of appeal granted to 2nd defendant
Legal Topics
Extension of Time, Delay, Prospects of Success, Prejudice to Respondent, Effect of Delayed Judgment on Trial Advantage
Source Language
EN
Civil Procedure Appeal Fraud Agency Fiduciary Duties Damages Extension of Time Delay +3 more

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Parties

Plaintiff

Plaintiff

1st Defendant

1st Defendant

2nd Defendant

2nd Defendant (applicant)

3rd Defendant

3rd Defendant

4th Defendant

4th Defendant (estate Agent)

5th Defendant

5th Defendant (purchaser Company)

Procedural Posture

Civil Application for Extension of Time to Appeal From High Court Judgment / Interlocutory Application for Leave/extension to File Notice of Appeal

Legal Issues

  1. 1 Whether the 56‑day delay in filing an appeal was substantial and excusable
  2. 2 Whether, given the substantial and inexcusable delay, the applicant demonstrated real prospects of success sufficient to justify extension
  3. 3 Whether prejudice to the respondent would result from granting extension

Ratio Decidendi

Although the applicant's 56‑day delay was substantial and inexcusable, the court granted an extension because overall justice required it given (a) the inordinate delay in delivering the original judgment which may have diminished the trial judge's advantage and required closer scrutiny of the contested findings, (b) the existence of extant appeals by other defendants on the same or substantially the same grounds, and (c) all defendants would be represented by the same legal team, meaning joint disposition of appeals served justice.

Court Disposition

Extension of time to serve and file notice of appeal granted to 2nd defendant

Orders

  • Leave granted to 2nd defendant to serve and file a notice of appeal in the form of the draft annexed to the summons within seven days of judgment
  • 2nd defendant to bear the costs of the plaintiff in this application in any event