Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Leave to file affidavit/affirmation out of time

Legal area

Court

1 Apr 2005

施華芬 v. 許國雄及另一人

Citation

施華芬 v. 許國雄及另一人
Court

District Court
Case number

DCCJ5795/2003

The court upheld Master Wong's exercise of discretion: a six‑day delay in filing an affirmation was excusable given the need to take instructions, leave to file out of time was properly granted under the court's discretion (O62 r9), the costs assessment of $200 was appropriate and not required to be on an indemnity basis, and the appeal was therefore dismissed.
22 Mar 2000

TANG MAN KIT v. HIP HING TIMBER CO. LTD.

Citation

TANG MAN KIT v. HIP HING TIMBER CO. LTD.
Court

Court of First Instance
Case number

HCA8000/1990

Paragraphs 17 and 19 were held to be in reply; the court exercised its discretion to grant leave to file the affirmation out of time subject to conditions because the Defendant had itself been late and there was insufficient prejudice to deny relief; the Plaintiff must file within 7 days an affirmation explaining the delay and specified orders in the summons were made with experts' reports to be exchanged within 21 days and costs thrown away by the amendment to be paid by the Plaintiff.