CHAN SZE WING v. TSANG PUI CHONG AND OTHERS

CHAN SZE WING v. TSANG PUI CHONG AND OTHERS

Refusal of extension of time because the defendants exhibited long inexcusable delay and the proposed grounds of appeal did not show a real prospect of success; the trial judge's factual findings and causation conclusions were supported by evidence and no palpable error was shown, therefore the summons dated 7 June 2016 is dismissed and reconsideration is restricted under Order 59 rule 2A(8).

Citation
CHAN SZE WING v. TSANG PUI CHONG AND OTHERS
Parties
Plaintiff: Plaintiff; 1st Defendant: 1st Defendant; 2nd Defendant: 2nd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 September 2016
Case Number
HCMP1441/2016
Procedural Posture
Application for Extension of Time to Appeal / Leave to Appeal / Court of Appeal Hearing on Summons Dated 7 June 2016
Outcome
Summons dismissed; extension of time to appeal refused
Legal Topics
Extension of Time, Leave to Appeal, Delay, Causation, Assessment of Expert Evidence, Costs, Abuse of Process
Source Language
EN
Civil Procedure Appeal Medical Negligence Evidence Extension of Time Leave to Appeal Delay Causation +3 more

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Parties

Plaintiff

Plaintiff

1st Defendant

1st Defendant

2nd Defendant

2nd Defendant

Procedural Posture

Application for Extension of Time to Appeal / Leave to Appeal / Court of Appeal Hearing on Summons Dated 7 June 2016

Legal Issues

  1. 1 Whether to grant extension of time to appeal despite inordinate delay
  2. 2 Whether the intended appeal has a real prospect of success
  3. 3 Whether the trial judge made palpable errors in findings of fact or causation

Ratio Decidendi

Refusal of extension of time because the defendants exhibited long inexcusable delay and the proposed grounds of appeal did not show a real prospect of success; the trial judge's factual findings and causation conclusions were supported by evidence and no palpable error was shown, therefore the summons dated 7 June 2016 is dismissed and reconsideration is restricted under Order 59 rule 2A(8).

Court Disposition

Summons dismissed; extension of time to appeal refused

Orders

  • Dismiss the summons dated 7 June 2016
  • Refuse extension of time to appeal