TANG CHEUK CHUEN (鄧灼全) ALSO KNOWN AS 鄧灼銓 對 TANG WAI CHEE (鄧尉池),以其個人身份及其鄧巡撫堂司理的身份

TANG CHEUK CHUEN (鄧灼全) ALSO KNOWN AS 鄧灼銓 對 TANG WAI CHEE (鄧尉池),以其個人身份及其鄧巡撫堂司理的身份

Out-of-time leave was refused because the 13-month delay was excessive and unexplained (medical claim unsupported by evidence), and the proposed grounds lacked a reasonable prospect of success; accordingly, justice did not require granting leave and a provisional costs order was made for the plaintiff.

Source-derived case information.

Citation
[2023] HKDC 118
Parties
Plaintiff: TANG CHEUK CHUEN; Defendant: TANG WAI CHEE
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
1 February 2023
Case Number
DCCJ520/2017
Procedural Posture
Civil Ancestral Hall/distribution Dispute / Application for Leave to Appeal (out of Time)
Outcome
Application for out-of-time leave to appeal refused
Legal Topics
Leave to Appeal, Extension of Time, Delay, Distribution of Ancestral Hall Income, Standing/membership, Interest on Damages
Source Language
ch
Civil Procedure Appeal Property Equity/trusts Family/ancestral Rights Leave to Appeal Extension of Time Delay +3 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

TANG CHEUK CHUEN

Plaintiff

TANG WAI CHEE

Defendant

Procedural Posture

Civil Ancestral Hall/distribution Dispute / Application for Leave to Appeal (out of Time)

  1. 1 whether to grant out-of-time leave to appeal
  2. 2 whether the applicant provided a reasonable explanation for 13-month delay
  3. 3 whether the proposed grounds of appeal have a reasonable prospect of success

Ratio Decidendi

Out-of-time leave was refused because the 13-month delay was excessive and unexplained (medical claim unsupported by evidence), and the proposed grounds lacked a reasonable prospect of success; accordingly, justice did not require granting leave and a provisional costs order was made for the plaintiff.

Court Disposition

Application for out-of-time leave to appeal refused

Orders

  • Out-of-time application for leave to appeal refused
  • Defendant ordered provisionally to pay plaintiff's costs of this application