Read the full judgment text of CACV 000033/1997 on BabelCite. This Court of Appeal judgment was delivered on 28 November 1997 before Nazareth V.-P., Liu J.A., Barnett J..
Civil procedure – appeal – setting down – Order 59 rule 5 Rules of the Supreme Court – failure to lodge two copies of notice of appeal and proper endorsements – registry staff accepted single copy and endorsed file as set down – appellant believed appeal properly set down – respondents sought to strike out for non-compliance – court granted extension of time rather than striking out – non-compliance partly attributable to registry practices – costs in cause – suggestion that Rules Committee reconsider wording of O59 r5, following Chan Cheryl v Ngai Po-lun Paul [1990] 1 HKC 148.
Legal issues: Setting down of appeal under O59 r5 – non-compliance
Outcome: Application to strike out the appeal refused; extension of time granted to the appellant to file the notice of appeal in strict compliance with O59 r5; no order as to security for costs.