NG SEW HOI AND ANOTHER v. CHONG YIN SING AND ANOTHER

NG SEW HOI AND ANOTHER v. CHONG YIN SING AND ANOTHER

Leave to appeal out of time was refused because the Registrar's provisional strike out under Order 25 r 1C had not been challenged or restored within the required period and thus P1's claim and defence to the counterclaim were already dismissed, making any appeal against the Security Order pointless; additionally the delay in lodging the appeal was substantial and inexcusable.

Citation
[2021] HKCFI 599
Parties
1st Plaintiff: Ng Sew Hoi; 2nd Plaintiff: Ernest Chong Kian; 1st Defendant: Chong Yin Sing; 2nd Defendant: Chong Lai Kin
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 March 2021
Case Number
HCA15070/1998
Procedural Posture
Civil Property and Counterclaim Proceedings / Decision on Application for Leave to Appeal Out of Time and Ancillary Summonses
Outcome
Leave to appeal out of time refused; appeal dismissed; costs ordered against P1; procedural orders made to remove P1 from proceedings and to permit withdrawal of certain summonses and counterclaim by D1.
Legal Topics
Security for Costs, Strike Out, Leave to Appeal Out of Time, Restoration of Claim, Adverse Possession, Counterclaim, Costs
Source Language
EN
Civil Procedure Property Equity Security for Costs Strike Out Leave to Appeal Out of Time Restoration of Claim Adverse Possession +2 more

Case Brief

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Parties

Ng Sew Hoi

1st Plaintiff

Ernest Chong Kian

2nd Plaintiff

Chong Yin Sing

1st Defendant

Chong Lai Kin

2nd Defendant

Procedural Posture

Civil Property and Counterclaim Proceedings / Decision on Application for Leave to Appeal Out of Time and Ancillary Summonses

Legal Issues

  1. 1 Whether leave to appeal out of time should be granted in respect of the Security Order
  2. 2 Whether the Registrar's provisional strike out under Order 25 r 1C precludes any meaningful appeal
  3. 3 Whether the Security Order would in any event affect the plaintiff's ability to pursue her claim or defence to counterclaim

Ratio Decidendi

Leave to appeal out of time was refused because the Registrar's provisional strike out under Order 25 r 1C had not been challenged or restored within the required period and thus P1's claim and defence to the counterclaim were already dismissed, making any appeal against the Security Order pointless; additionally the delay in lodging the appeal was substantial and inexcusable.

Court Disposition

Leave to appeal out of time refused; appeal dismissed; costs ordered against P1; procedural orders made to remove P1 from proceedings and to permit withdrawal of certain summonses and counterclaim by D1.

Orders

  • Leave to appeal out of time refused and the appeal dismissed
  • Costs of the appeal to be paid by P1 to D1, to be taxed if not agreed