Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Tolling for mental disorder (s22 limitation ordinance)
  • 23 Aug 2022

    曾韻如 對 柯金牌

    Citation
    [2022] HKCA 1216
    Court
    Court of Appeal
    Case number
    CAMP122/2022

    Although the appellant had a realistic prospect of success on the limitation point because the respondent's part payment on 3 December 2018 re‑created the cause of action under s23(3) making $40,000 claim and statutory interest payable from that date, the proposed appeal did not raise a point of general public importance as required by s29A Small Claims Tribunals Ordinance; accordingly extension of time to apply for leave and the leave application were refused.

    • Limitation period
    • Re-creation of cause of action by part payment (s23(3) limitation ordinance)
    • Tolling for mental disorder (s22 limitation ordinance)
    • Written acknowledgment (s24 limitation ordinance)
    • Leave to appeal and public importance (s29a small claims tribunals ordinance)
    • Statutory interest