鄧灼全 aka 鄧灼銓 對 鄧尉池, 以其個人身份及其鄧巡撫堂司理的身份

鄧灼全 aka 鄧灼銓 對 鄧尉池, 以其個人身份及其鄧巡撫堂司理的身份

Severe and unjustified delay requires the applicant to show a real prospect of success; only the challenge to the awarding of compound (compound) interest had a real prospect, therefore limited leave to appeal out of time was granted confined to that issue while all other grounds were refused.

Source-derived case information.

Citation
[2024] HKCA 473
Parties
Plaintiff: TANG CHEUK CHUEN; Defendant: TANG WAI CHEE
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
20 May 2024
Case Number
CAMP59/2023
Procedural Posture
Application for Extension of Time for Leave to Appeal / Permission Decision
Outcome
Partial grant: out-of-time leave to appeal granted solely on the issue of compound (compound) interest; all other grounds refused.
Legal Topics
Leave to Appeal, Extension of Time, Breach of Trust, Ancestral Hall Rights, Compound Interest (prejudgment Compounded Interest), Costs
Source Language
ch
Civil Procedure Equity Trusts Property Law Appeal Leave to Appeal Extension of Time Breach of Trust +3 more

Source-derived case record

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Parties

TANG CHEUK CHUEN

Plaintiff

TANG WAI CHEE

Defendant

Procedural Posture

Application for Extension of Time for Leave to Appeal / Permission Decision

  1. 1 Whether to grant leave to appeal out of time
  2. 2 Whether the applicant has provided a reasonable explanation for delay
  3. 3 Whether the proposed grounds of appeal have a real prospect of success

Ratio Decidendi

Severe and unjustified delay requires the applicant to show a real prospect of success; only the challenge to the awarding of compound (compound) interest had a real prospect, therefore limited leave to appeal out of time was granted confined to that issue while all other grounds were refused.

Court Disposition

Partial grant: out-of-time leave to appeal granted solely on the issue of compound (compound) interest; all other grounds refused.

Orders

  • Out-of-time leave to appeal granted limited to the compound interest issue only
  • Defendant to file and serve notice of appeal within 14 days