28 Apr 2005
THE INCORPORATED OWNERS OF NAM SHING COURT v. GOLDEN BRICK INVESTMENT CO LTD
- Citation
- THE INCORPORATED OWNERS OF NAM SHING COURT v. GOLDEN BRICK INVESTMENT CO LTD
- Court
- Court of First Instance
- Case number
- HCMP645/2005
Although the applicant had a strong prospect of success on the merits (section 45 permits the incorporated owner to bring proceedings under the Tenth Schedule), the delay in applying for leave (approximately seven months) was not excusable in the circumstances because the new management committee knew or could have discovered the judgment earlier; the balance of factors did not justify extending time, so leave to appeal out of time was refused and costs awarded to the respondent.