晨曦樓業主立案法團 對 唐偉德

晨曦樓業主立案法團 對 唐偉德

Refusal to extend time because the applicant's delay was substantial (over five weeks) and entirely unexplained, and because the proposed appeal had no real prospect of success: the consent order was produced, agreed and signed in court and expressly provided for costs and summary assessment; accordingly there was...

Source-derived case information.

Citation
[2018] HKCA 135
Parties
Plaintiff: THE INCORPORATED OWNERS OF MORNING RAY MANSION (晨曦樓業主立案法團); Defendant: TONG WAI TAK (唐偉德)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
12 March 2018
Case Number
CAMP57/2017
Procedural Posture
Application for Extension of Time for Leave to Appeal (appeal From Consent Order) / Court of Appeal Determination on Summons for Leave to Appeal (interlocutory)
Outcome
Application for extension of time and leave to appeal refused and the summons filed 27 November 2017 dismissed
Legal Topics
Extension of Time, Leave to Appeal, Consent Orders, Summary Costs Assessment, Permission to Appeal
Source Language
ch
Civil Procedure Appeals Costs Extension of Time Leave to Appeal Consent Orders Summary Costs Assessment Permission to Appeal

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Parties

THE INCORPORATED OWNERS OF MORNING RAY MANSION (晨曦樓業主立案法團)

Plaintiff

TONG WAI TAK (唐偉德)

Defendant

Procedural Posture

Application for Extension of Time for Leave to Appeal (appeal From Consent Order) / Court of Appeal Determination on Summons for Leave to Appeal (interlocutory)

  1. 1 Whether to extend time for applying for leave to appeal against a consent order
  2. 2 Whether the proposed appeal has a real prospect of success
  3. 3 Whether the applicant provided a satisfactory explanation for delay

Ratio Decidendi

Refusal to extend time because the applicant's delay was substantial (over five weeks) and entirely unexplained, and because the proposed appeal had no real prospect of success: the consent order was produced, agreed and signed in court and expressly provided for costs and summary assessment; accordingly there was no arguable ground to overturn the consent order and the extension and leave application were refused.

Court Disposition

Application for extension of time and leave to appeal refused and the summons filed 27 November 2017 dismissed

Orders

  • Extension of time to file leave to appeal refused
  • Summons filed on 27 November 2017 dismissed