Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Order 59 rule 2b

Legal area

Court

15 Dec 2017

CANTON PLUS ENTERPRISE LTD AND ANOTHER v. TONG ZHENJUN AND OTHERS

Citation

CANTON PLUS ENTERPRISE LTD AND ANOTHER v. TONG ZHENJUN AND OTHERS
Court

Court of First Instance
Case number

HCA227/2017

Section 31 does not apply to extend or exclude the computation of the strict 14‑day time limit in Order 59 r 2B(1) for applications for leave to appeal; prior to the 2017 amendment adding r 2B(6) the court below had no jurisdiction to extend that period. The application for leave to appeal filed on 14 September 2017 was therefore out of time and must be dismissed.
6 Oct 2011

CHOI CHUNG BUN VINCENT v. AUSTRALIA CHINA HOLDINGS LTD

Citation

CHOI CHUNG BUN VINCENT v. AUSTRALIA CHINA HOLDINGS LTD
Court

Court of First Instance
Case number

HCA539/2009

The court follows prior authorities (Wynn and Menno Vos) that Order 3 rule 5 does not permit extensions for applications under Order 59 r 2B; therefore it had no jurisdiction to grant the extension or hear the leave application; alternatively, even if jurisdiction existed the applicant gave no adequate explanation for lateness, the appeal lacked a reasonable prospect of success and leave is refused; costs awarded to respondent.