Hong Kong Case Law: Decisions & Judgments

Topic

Extension of time to set down appeal

Legal area

Court

15 Sept 2000

FUNG WAI KWONG WILLIAM v. THE INSIDER DEALING TRIBUNAL

Citation

FUNG WAI KWONG WILLIAM v. THE INSIDER DEALING TRIBUNAL
Court

Court of Appeal
Case number

CACV154/2000

A stay of execution was refused because the appellant did not demonstrate special circumstances or sufficient prospects of success to justify depriving the respondent of the fruits of its judgment; however leave to set the appeal down out of time was granted because the delay was not shown to have caused prejudice to the respondent and justice required granting leave with costs to the respondent.
28 Jun 1999

The Sunshine Capital Investment Ltd. and Another v. Daiwa Securities (H.K.) Ltd. and Another

Citation

The Sunshine Capital Investment Ltd. and Another v. Daiwa Securities (H.K.) Ltd. and Another
Court

Court of Appeal
Case number

CACV30/1999

Leave to set down the appeal out of time was refused because the appellants exhibited inexcusable and inordinate delay, failed to give any satisfactory explanation as to who decided and why the appeal was not set down within the 7‑day limit, and the respondents would be prejudiced; the respondents' conditional non‑objection did not oblige the court to grant leave.
19 Apr 1999

HONESTWIN LTD v. MEZELY TRADING LTD

Citation

HONESTWIN LTD v. MEZELY TRADING LTD
Court

Court of Appeal
Case number

CACV311/1998

The court exercised its discretion to grant leave to serve notice of setting down out of time despite the appellant's deliberate choice to withhold steps because there was no significant delay or prejudice to the respondent, the conflict of solicitors was actively pursued from early January, and the circumstances (including impecuniosity) did not justify refusing extension; however, the court ordered security for costs ($412,000) because the appellant was arguably impecunious and linked entities existed, and refused a stay pending provision of that security.
3 Apr 1984

TANG LAP MAN v. YEUNG PETER AND OTHERS

Citation

TANG LAP MAN v. YEUNG PETER AND OTHERS
Court

Court of Appeal
Case number

CACV33/1984

Given the trial judge's findings of fraud, rehearsed false testimony, forged tapes and the appellant's admission of alterations, these facts constituted special circumstances under Order 59 r.10(5) justifying an order that the appellant pay security of $50,000 into court within ten days and that the appeal be stayed until payment; if paid, the appeal to proceed and be placed before another division.

Hong Kong Case Law

FUNG WAI KWONG WILLIAM v. THE INSIDER DEALING TRIBUNAL

The Sunshine Capital Investment Ltd. and Another v. Daiwa Securities (H.K.) Ltd. and Another

HONESTWIN LTD v. MEZELY TRADING LTD

TANG LAP MAN v. YEUNG PETER AND OTHERS