11 Jul 1980
FUNG WAI-YIN v. THE QUEEN
- Citation
- FUNG WAI-YIN v. THE QUEEN
- Court
- Court of Appeal
- Case number
- CACC300/1980
The Full Court held that r.37 permits waiver or remediation of procedural non‑compliance where the default was not wilful and that this mitigatory power can be exercised by a single judge under r.22(1)(b); consequently the apparent finality in r.23(2) can be mitigated in proper cases and a refusal by a single judge may be renewed to the Full Court.