Hong Kong Case Law: Decisions & Judgments

Topic

Extension of appeal period

Legal area

Court

30 Nov 2023

郭文英對連秋興先生及其他人

Citation

[2023] HKDC 1632
Court

District Court
Case number

DCCJ5350/2017

The court refused to extend the time for filing the appeals because the delays were very long, the explanations for delay were inadequate, the proposed appeals had no real prospect of success on the merits, and allowing extension would cause prejudice to the respondent; accordingly the out-of-time appeals were refused, the appeals themselves would be dismissed on the merits, the absolute charging order was upheld, and the plaintiff was ordered to pay the third defendant's costs to be assessed summarily.
10 May 2019

DING YONG 對 SONG LIHUA及另四人

Citation

[2019] HKCA 493
Court

Court of Appeal
Case number

CAMP163/2018

The Court of Appeal refused to extend the time to file an appeal because, although the delay was minimal and the explanation acceptable, the proposed grounds of appeal (notably duress) were not pleaded at trial and had no real prospect of success; however the trial judge's costs order of 7 November 2018 was set aside because he was wrong on the jurisdiction point in light of the amended Order 59 r15; the Court of Appeal made its own costs assessment and ordered the first defendant to pay 75% of assessed costs ($67,265) with the assessed total being $89,686, subject to variation within 14 days.
9 Nov 2018

HIU HUNG POR 對 THE COLLECTOR OF STAMP REVENUE

Citation

[2018] HKDC 1319
Court

District Court
Case number

DCSA283/2018

The court dismissed both applications because the appellant failed to produce credible evidence of illness, absence or other reasonable cause to justify extension of time, had engaged solicitors before the deadline (undermining the absence claim), failed to prove financial hardship or provide the required guarantee under s14(1B), and therefore both the extension and leave to appeal without payment were refused; summons revoked and case struck out with costs awarded to respondent.

Hong Kong Case Law

郭文英 對 連秋興先生及其他人

DING YONG 對 SONG LIHUA及另四人

HIU HUNG POR 對 THE COLLECTOR OF STAMP REVENUE

郭文英對連秋興先生及其他人