Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Order 59 r5 compliance
  • 28 Nov 1997

    WONG HON SHEUNG v. DAIKACO CO. LTD. and Others

    Citation
    WONG HON SHEUNG v. DAIKACO CO. LTD. and Others
    Court
    Court of Appeal
    Case number
    CACV33/1997

    Although registry staff did not strictly comply with O59 r5 (only one copy lodged and both endorsements on it) and the notation of 'set down' on the file is void for those departures, the appellant acted in reliance on registry practice and believed the appeal had been set down; accordingly the Court granted an extension of time to file the notice of appeal in strict compliance with O59 r5, refused to order security for costs, and ordered the costs of the summons to be costs in the cause.