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Hong Kong Case Law

Interpretation of court of final appeal ordinance s.24
  • 29 Aug 2005

    ARNOLD IP TIN CHEE v. CHING HING CONSTRUCTION CO LTD AND ANOTHER

    Citation
    ARNOLD IP TIN CHEE v. CHING HING CONSTRUCTION CO LTD AND ANOTHER
    Court
    Court of Final Appeal
    Case number
    FAMV26/2005

    Section 24 requires filing a notice of motion for leave within 28 days of the judgment to be appealed from and, where leave is refused by the Court of Appeal, a further 28-day limit applies; the additional period is not an alternative to the original filing requirement. Although the court may extend time, extension was refused here because the proposed appeal had no reasonable prospects of reversing the concurrent findings of fact that there was no gift to the deceased, so extension and leave were refused.

    • Leave to appeal
    • Time limits and extension of time
    • Concurrent findings of fact
    • Gift and beneficial ownership
    • Interpretation of court of final appeal ordinance s.24