Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Order 59 rules

Legal area

Court

15 Mar 2019

MONDAL ENTAJ v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2019] HKCFI 736
Court

Court of First Instance
Case number

HCAL692/2017

Extension of time was refused because the applicant did not apply promptly, failed to provide any adequate explanation or affidavit accounting for the delay despite being notified promptly, and the underlying application lacked arguable merit; on that basis it was not in the interests of justice to grant an extension.
11 Sept 2018

WONG YUK TUNG v. WONG PO LING AND ANOTHER

Citation

[2018] HKCA 597
Court

Court of First Instance
Case number

HCMP620/2017

The court dismissed the reconsideration summons because it had no jurisdiction to reconsider a judgment refusing an extension of time to appeal under the applicable rules (Order 59 rule 14A governs extension applications and contains no reconsideration provision; rule 2A(7) applies only to leave to appeal), and even if it had jurisdiction the application would be refused on the merits as the delay was substantial and inexcusable and the proposed appeal lacked sufficient prospects; the presumption of advancement relied on was not raised at trial and evidence supported the trial judge's finding…