Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Extension of time discretion

Legal area

Court

26 Mar 2024

有關何漢標的事宜

Citation

[2024] HKCFI 904
Court

Court of First Instance
Case number

HCB5972/2023

Application for leave to appeal out of time was refused because the debtor had a 51‑day unexplained delay beyond the 28‑day appeal period, produced no credible explanation or new evidence, had no real prospect of success since the matters were already litigated and rejected (issue estoppel/res judicata), and therefore the court had no basis to exercise its discretion to extend time; costs were awarded to the applicant.
18 May 2018

NG YUK KEUNG v. YAN XIAOJIE

Citation

[2018] HKDC 534
Court

District Court
Case number

DCCJ294/2018

The court granted a stay until the conclusion of the Shunyi PRC proceedings because the two proceedings involve the same parties and common live issues about division of matrimonial assets; the Mediation Agreement is to be treated as a PRC court order rather than a private contract, creating a real risk of inconsistent rulings; extension of time to file the stay application was granted under Order 3 Rule 5 considering merits and the coexistence of inherent jurisdiction.