Read the full judgment text of CAMP 81/2018 on BabelCite. This Court of Appeal judgment was delivered on 23 October 2018 before Lam VP, Yuen JA.
Civil procedure – extension of time for appeal – mortgagee action – bank facilities suspended – originating summons continued as if begun by writ – application to extend time to appeal – four-factor test (length of delay, reasons for delay, chances of success, prejudice) – real prospect of success required where delay inexcusable – defences of collateral agreement, misrepresentation and undue influence – whether defence capable of being believed – summary judgment-type hearing – Order 59 Rule 15 amendment – Order 88 proceedings – appeal held to be hopeless – application dismissed – costs fixed at HK$81,884 – Order 59 Rule 2A(8) order against reconsideration – sub-contract terminated – oral assurance – bank officer – Facility Letter – standard provision – inherently improbable – contemporaneous communications – 1st Defendant's lack of participation in business – Court's discretion – well-established practice – insufficient funds no excuse – solicitor's mistake no excuse – whether COVID constitutes force majeure not applicable – judgment of Deputy High Court Judge Le Pichon of 26 January 2018 affirmed
Legal issues: Whether to extend time for appealing the Judge's decision of 26 January 2018 · Whether the defence of collateral agreement was capable of being believed · Whether the Judge erred in rejecting the defence of misrepresentation
Outcome: Application for extension of time to appeal dismissed; the intended appeal was held to be hopeless with no real prospect of success.
Cited by 17 cases · Cites 4 cases