黃坤平 對 張素芬

黃坤平 對 張素芬

The application to extend the time to file an appeal was refused because the delay of about five years was serious and unexplained, the applicant failed to show his proposed appeal had a real prospect of success, his stated reasons (awaiting police recovery of a vehicle and belief that appeals had no time limit)...

Source-derived case information.

Citation
[2020] HKCFI 1435
Parties
Plaintiff: WONG KWAN PING; Defendant: CHEUNG SO FAN KITTY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 July 2020
Case Number
HCA1716/2011
Procedural Posture
Civil / Application to Extend Appeal Deadline
Outcome
Application to extend time to file appeal refused.
Legal Topics
Extension of Time to Appeal, Discretionary Relief, Limitation of Appeals, Evidence and Findings of Fact, Abusive Litigation, Costs Assessment
Source Language
ch
Civil Procedure Appeals Adverse Possession Costs Extension of Time to Appeal Discretionary Relief Limitation of Appeals Evidence and Findings of Fact +2 more

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Parties

WONG KWAN PING

Plaintiff

CHEUNG SO FAN KITTY

Defendant

Procedural Posture

Civil / Application to Extend Appeal Deadline

  1. 1 Whether to grant extension of time to file appeal after approximately five years' delay
  2. 2 Whether the applicant demonstrated a real prospect of success on appeal
  3. 3 Whether the applicant's reasons for delay were reasonable and excusable

Ratio Decidendi

The application to extend the time to file an appeal was refused because the delay of about five years was serious and unexplained, the applicant failed to show his proposed appeal had a real prospect of success, his stated reasons (awaiting police recovery of a vehicle and belief that appeals had no time limit) were unreasonable or inconsistent, and granting relief would cause prejudice and constitute abusive use of court resources; costs were ordered against the applicant on an indemnity basis to be assessed summarily.

Court Disposition

Application to extend time to file appeal refused.

Orders

  • Application to extend time to file appeal refused.
  • Applicant ordered to pay respondent's costs on indemnity basis.