Ding Yi v. Shum Tung

HCB 3318/2016

[2019] HKCFI 2265

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

BANKRUPTCY PROCEEDINGS NO 3318 OF 2016

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D E C I S I O N

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1.As held in the case of Secretary for Justice v Hong Kong & Yaumatei Ferry Co Ltd [2011] HKC 125, the absence of prejudice to the Respondent is not a ground for extending time to appeal. The Court also held in that case that where delay was inexcusable, although insubstantial, the party seeking extension must show a real prospect of success on the merits.

2.The delay in this case cannot be said to be insubstantial.  It is a period of 2 months when we consider the time limit of 14 days.  I am afraid that no good reason has been given to explain this delay.  The effect of the matter is that the Applicant simply changed his mind after thinking about it further and discovering the effects, as he says, of the Mainland proceedings which he failed to injunct.

3.Overall, having considered the merits of the case as argued, the delay, and the lack, in my view, of a satisfactory reason therefor, I am not prepared to grant time to the Applicant to appeal against the Decision. 

4.The costs of the application are to be paid by the funder to the Respondent.

Mr Look Chan Ho, instructed by ONC Lawyers, for the applicant

Mr Roger Phang, instructed by King & Wood Mallesons, for the respondent

Attendance of the Official Receiver and the Trustees was excused