Li Soo Tan (李素丹) also known as Lee Soo Tan Doreen v. Lee Kwai Tai (李桂娣) also known as Li Kwai Tai

Read the full judgment text of FAMV89/2018 on BabelCite. This Court of Final Appeal judgment was delivered on 14 August 2019 before Mr Justice Fok PJ, Mr Justice Cheung PJ and Mr Justice Tang NPJ.

1. We grant leave to appeal to the Applicant (who was the Intended Intervener below) on the "or otherwise" limb on the basis that it is reasonably arguable that there were no grounds for the Court of Appeal to set aside the exercise of discretion by the Deputy High Court Judge to permit the Intended Intervener to acknowledge service in HCAP 32/2012 out of time and to apply to set aside the Deputy High Court Judge's judgment in that action dated 8 June 2016 and to exercise that discretion afresh

Legal issues: Leave to appeal on the 'or otherwise' limb

Outcome: Leave to appeal granted to the Applicant on the 'or otherwise' limb.

Cited by 1 case · Cites 1 case

Case No.FAMV89/2018[2019] HKCFA 31
Court
Court of Final Appeal
Date14 Aug 2019
JudgeMr Justice Fok PJ, Mr Justice Cheung PJ and Mr Justice Tang NPJ
Case Document
100%Judiciary

FAMV No. 89 of 2018

[2019] HKCFA 31

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 89 OF 2018 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NO. 346 OF 2018)

_____________________

BETWEEN

LI CHEONG (李昌) Plaintiff
and
LEE KWAI TAI (李桂娣)
also known as LI KWAI TAI
Defendant
(Respondent)
and
LI SOO TAN (李素丹)
also known as LEE SOO TAN DOREEN
Intended Intervener
(Applicant)

_____________________

Appeal Committee: Mr Justice Fok PJ, Mr Justice Cheung PJ and Mr Justice Tang NPJ

Date of Hearing and Determination: 14 August 2019

________________________

DETERMINATION

________________________

The Appeal Committee:

1.We grant leave to appeal to the Applicant (who was the Intended Intervener below) on the "or otherwise" limb on the basis that it is reasonably arguable that there were no grounds for the Court of Appeal to set aside the exercise of discretion by the Deputy High Court Judge to permit the Intended Intervener to acknowledge service in HCAP 32/2012 out of time and to apply to set aside the Deputy High Court Judge's judgment in that action dated 8 June 2016 and to exercise that discretion afresh as it did.

2.The appeal will be heard on 9 January 2020.


(Joseph Fok) (Andrew Cheung) (Robert Tang)
Permanent Judge Permanent Judge Non-Permanent Judge

Mr Simon K.C. Lam, instructed by Kelvin Cheung & Co., for the Intended Intervener (Applicant)

Mr Albert Yau and Mr Kevin Poon, instructed by Hoosenally & Neo, for the Defendant (Respondent)