施華芬 v. 許國雄及另一人

施華芬 v. 許國雄及另一人

The court upheld Master Wong's exercise of discretion: a six‑day delay in filing an affirmation was excusable given the need to take instructions, leave to file out of time was properly granted under the court's discretion (O62 r9), the costs assessment of $200 was appropriate and not required to be on an indemnity basis, and the appeal was therefore dismissed.

Citation
施華芬 v. 許國雄及另一人
Parties
Plaintiff: Plaintiff; 1st Defendant: 1st Defendant; 2nd Defendant: 2nd Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
1 April 2005
Case Number
DCCJ5795/2003
Procedural Posture
Civil Discovery Summons Appeal / Interlocutory Appeal Heard De Novo
Outcome
Appeal dismissed; Master KW Wong's order granting leave to file affirmation out of time and costs assessment upheld.
Legal Topics
Leave to File Affidavit/affirmation Out of Time, Costs Assessment, Indemnity Costs, Procedural Directions, Order 62 Rules
Source Language
EN
Civil Procedure Costs Discovery Leave to File Affidavit/affirmation Out of Time Costs Assessment Indemnity Costs Procedural Directions Order 62 Rules

Case Brief

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Parties

Plaintiff

Plaintiff

1st Defendant

1st Defendant

2nd Defendant

2nd Defendant

Procedural Posture

Civil Discovery Summons Appeal / Interlocutory Appeal Heard De Novo

Legal Issues

  1. 1 Whether leave should be granted for filing an affirmation out of time
  2. 2 Whether costs should be awarded on an indemnity basis
  3. 3 Proper application and effect of Order 62 r9 and r28A

Ratio Decidendi

The court upheld Master Wong's exercise of discretion: a six‑day delay in filing an affirmation was excusable given the need to take instructions, leave to file out of time was properly granted under the court's discretion (O62 r9), the costs assessment of $200 was appropriate and not required to be on an indemnity basis, and the appeal was therefore dismissed.

Court Disposition

Appeal dismissed; Master KW Wong's order granting leave to file affirmation out of time and costs assessment upheld.

Orders

  • Defendants granted leave to file the affirmation of Mr. Hui Kwok Hung out of time within 21 days as per the summons
  • Defendants to pay the Plaintiff $200 forthwith