RE ROBERT ADJAGBA

Despite reservation about the absence of medical evidence, the judge held that a one-week delay was not inexcusable and therefore did not warrant dismissal for lateness.

Citation: [2019] HKCFI 821
Parties: Applicant: Robert Adjagba
Court: Court of First Instance
Jurisdiction: Hong Kong
Judgment Date: 7 May 2019
Case Number: HCAL872/2017
Procedural Posture: Constitutional and Administrative Law (judicial Review) / Decision in Chambers
Outcome: Judge accepted that the one-week delay was not inexcusable despite lack of medical evidence.
Legal Topics: Delay/extension of Time, Medical Evidence, Procedural Fairness
Source Language: EN

Constitutional Law Administrative Law Judicial Review Delay/extension of Time Medical Evidence Procedural Fairness

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Parties

Robert Adjagba

Applicant

Procedural Posture

Constitutional and Administrative Law (judicial Review) / Decision in Chambers

Legal Issues

1 Whether to extend time for filing
2 Whether absence of medical evidence defeats a claim of excusable delay
3 Standard for excusing short procedural delays

Ratio Decidendi

Despite reservation about the absence of medical evidence, the judge held that a one-week delay was not inexcusable and therefore did not warrant dismissal for lateness.

Court Disposition

Judge accepted that the one-week delay was not inexcusable despite lack of medical evidence.