CHAN KIT v. YAU YIK WAH AND ANOTHER

CHAN KIT v. YAU YIK WAH AND ANOTHER

Refused extension of time because the delay (over 1.5 years) was extremely long, the stated reasons (lack of funds and awaiting CFA decisions) were insufficient and irrelevant, the recorder's decision rejecting proprietary interest was supported by leading authorities and prior litigation interrupted any adverse possession, and allowing the application would offend finality despite no substantial shown prejudice.

Citation
CHAN KIT v. YAU YIK WAH AND ANOTHER
Parties
Plaintiff: The plaintiff; 1st Defendant: 1st defendant; 2nd Defendant: 2nd defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 March 2006
Case Number
HCMP283/2006
Procedural Posture
Application to Extend Time for Appeal / Refused at Interlocutory Hearing
Outcome
application to extend time for appeal refused
Legal Topics
Extension of Time, Adverse Possession, Limitation, Finality of Judgment, Prejudice
Source Language
EN
Civil Procedure Property Law Land Law Appeals Extension of Time Adverse Possession Limitation Finality of Judgment +1 more

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Parties

The plaintiff

Plaintiff

1st defendant

1st Defendant

2nd defendant

2nd Defendant

Procedural Posture

Application to Extend Time for Appeal / Refused at Interlocutory Hearing

Legal Issues

  1. 1 Whether to grant extension of time to appeal
  2. 2 Whether the applicant had arguable prospects of establishing proprietary title by purchase or adverse possession
  3. 3 Whether delay was justified by awaiting decisions of higher courts

Ratio Decidendi

Refused extension of time because the delay (over 1.5 years) was extremely long, the stated reasons (lack of funds and awaiting CFA decisions) were insufficient and irrelevant, the recorder's decision rejecting proprietary interest was supported by leading authorities and prior litigation interrupted any adverse possession, and allowing the application would offend finality despite no substantial shown prejudice.

Court Disposition

application to extend time for appeal refused

Orders

  • Summons for extension of time to appeal dismissed
  • No order as to costs