Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Stay under legal aid ordinance s.15(4)

Legal area

Court

7 Jan 2021

CREDIT ONE FINANCE LTD v. CHEUNG YIU CHO

Citation

[2020] HKCFI 3170
Court

Court of First Instance
Case number

HCA2564/2018

Appeal dismissed: it was lodged out of time and no extension of time should be granted because the defendant disclosed no arguable defence on the merits (the loan documents contradicted his $28,000 rebate claim); the stay under s.15(4) was properly lifted and the defendant failed to prove genuine inability to attend.
13 Dec 1994

CHAN WU QIAN v. CHAN PAK WAI

Citation

CHAN WU QIAN v. CHAN PAK WAI
Court

Court of Appeal
Case number

CACV100/1994

The Court disapplied the automatic statutory stay under s.15(4) and refused the adjournment because no affidavits or evidence were filed to show a realistic prospect of successfully challenging the District Court's jurisdiction; the appellant had ample time to present grounds and the available facts indicated a close connection with Hong Kong, so there was no basis to restrain the appeal.