24 Mar 2023
LICAYO, JINNA DIMINO v. SCULLY, SEAN JOSEPH
- Citation
- [2023] HKDC 266
- Court
- District Court
- Case number
- DCEO7/2021
The court exercised its discretion to dismiss the respondent's summons because the claimant had presented a legitimate, unforeseen logistical reason for a brief (three-day) delay in notarising her affidavit, the respondent was not prejudiced (he had access to an unsigned finalized affidavit before the deadline), retrospective leave had been granted on 9 November 2022 and nothing in the respondent's renewed objections justified overturning that decision or showed abuse of process; thus the summons lacked merit and was dismissed with a costs order nisi for the claimant.