RE SUMON

RE SUMON

The court exercised its discretion to grant an extension of time on the basis that the applicant's inability to read or write English and the mistake made by his friend in preparing the affirmation constituted a sufficient explanation for the delay and justified extending time to appeal.

Citation
[2019] HKCFI 129
Parties
Applicant: SUMON
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 January 2019
Case Number
HCAL926/2017
Procedural Posture
Application for Extension of Time to Appeal / Decision on Extension Application (chambers)
Outcome
Extension of time to appeal granted.
Legal Topics
Extension of Time, Appeal, Service of Process, Language/accessibility
Source Language
EN
Constitutional and Administrative Law Civil Procedure Extension of Time Appeal Service of Process Language/accessibility

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Parties

SUMON

Applicant

Procedural Posture

Application for Extension of Time to Appeal / Decision on Extension Application (chambers)

Legal Issues

  1. 1 Whether to grant extension of time to appeal
  2. 2 Whether the applicant's lack of English literacy and a mistake by a friend constitute a sufficient excuse for delay
  3. 3 Whether the applicant was properly served and the effect of defective service on time limits

Ratio Decidendi

The court exercised its discretion to grant an extension of time on the basis that the applicant's inability to read or write English and the mistake made by his friend in preparing the affirmation constituted a sufficient explanation for the delay and justified extending time to appeal.

Court Disposition

Extension of time to appeal granted.

Orders

  • Extension of time to appeal granted.