25 Feb 2010
YIP KAM AND ANOTHER v. ZHONGSHAN FOODSTUFFS & AQUATIC IMPORT & EXPORT GROUP COMPANY LTD OF GUANGDONG AND ANOTHER
- Citation
- YIP KAM AND ANOTHER v. ZHONGSHAN FOODSTUFFS & AQUATIC IMPORT & EXPORT GROUP COMPANY LTD OF GUANGDONG AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV225/2009
The Court of Appeal (majority) held the judge below misapplied the governing test and factors, concluded the appellant’s explanation (age, illiteracy, waiting for police investigation, late/erroneous advice and timing of legal aid) could potentially amount to good reason at stage one, and on a fresh exercise of discretion found that the balance of hardship favoured the appellant; the order below striking out the writ was set aside and time extended to the date the writ was issued.