Hong Kong Case Law: Decisions & Judgments

Topic

Time computation

Legal area

Court

22 May 2024

劉祖榮對陳淑惠

Citation

[2024] HKCA 452
Court

Court of Appeal
Case number

CACV288/2023

The Court refused the appellant's application for leave to appeal to the Court of Final Appeal under s22(1)(b) because the complaints were confined to case-management matters specific to the underlying proceedings and lacked wide public importance; the alleged breaches of Practice Direction 19.1 and service by email were either satisfied or did not cause demonstrable prejudice (skeleton argument qualified as written notice; "five working days" excludes weekends and Order 3 r2 does not apply to Practice Directions; email was an acceptable delivery method and the appellant had opportunity to re…
1 Sept 2022

RE KHADKA KRISHNA MAYA

Citation

[2022] HKCA 1278
Court

Court of Appeal
Case number

CAMP39/2022

The application for extension of time was dismissed because the intended appeal was wholly devoid of merit: the applicant failed to identify any legal or procedural error in the Leave Decision, the Board's adverse credibility findings were reasonable, and general assertions without particulars do not constitute an arguable appeal.
30 Jul 2021

RE BINDER SINGH

Citation

[2021] HKCA 1097
Court

Court of Appeal
Case number

CAMP28/2021

Refusal of extension because the intended appeal was unarguable: the applicant failed to identify any error of law or procedural unfairness in the Judge's decision, so granting an extension would be futile.
1 Nov 1985

RE YAN CHUNG KAI

Citation

RE YAN CHUNG KAI
Court

Court of First Instance
Case number

HCB414/1985

An amendment to a bankruptcy petition that corrects dates is permissible when the correct date can be calculated from the petition (defect of form); where service was by post and the petition does not make clear the deemed date of service so that the debtor cannot calculate when the notice expires, an amendment sought outside the three month period is ineffective and the petition must be dismissed.
4 Nov 1982

ARTEMIS TRANSPORTATION CORPORATION v. THE OWNERS OF CARGO IATELY LADEN ON BOARD THE SHIP "ARTEMIS"

Citation

ARTEMIS TRANSPORTATION CORPORATION v. THE OWNERS OF CARGO IATELY LADEN ON BOARD THE SHIP "ARTEMIS"
Court

Court of Appeal
Case number

CACV81/1982

Section 31(1) of the Supreme Court Ordinance applies to the 14‑day period in Order 12 r.8; therefore days of the 1981/82 Christmas vacation are excluded from computation and the summons filed on 11 January 1982 was within time. The appeal is allowed and the O.12 r.8 summons is to be heard on the basis it was filed in time.

Hong Kong Case Law

劉祖榮 對 陳淑惠

RE KHADKA KRISHNA MAYA

RE BINDER SINGH

RE YAN CHUNG KAI

ARTEMIS TRANSPORTATION CORPORATION v. THE OWNERS OF CARGO IATELY LADEN ON BOARD THE SHIP "ARTEMIS"

劉祖榮對陳淑惠