Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Restoration of appeals
  • 6 Nov 2013

    HKSAR v. FANG CHUN

    Citation
    HKSAR v. FANG CHUN
    Court
    Court of Appeal
    Case number
    CACC70/2010

    The Court dismissed the application because the applicant failed to prove by credible evidence that his Notice of Abandonment was not a deliberate and informed decision; the applicant’s explanations (distress, lack of funds, refusal of legal aid, belief about sufficiency of grounds) indicated he appreciated the nature and effect of the document, and the long delay further undermined his claim; therefore the abandonment was not a nullity and could not be restored.