Read the full judgment text of CACV 3/2020 on BabelCite. This Court of Appeal judgment was delivered on 1 February 2021 before Hon Lam VP, Cheung JA, Yuen JA.
Civil procedure – leave to appeal to the Court of Final Appeal – extension of time – Hong Kong Court of Final Appeal Ordinance, Cap 484, s.22(1)(b) and s.24(2) and s.24(5) – 28-day deadline for seeking leave to appeal to the CFA – application filed 34 days out of time – Applicant's judicial review application struck out and dismissed by Deputy High Court Judge Bruno Chan on 23 December 2019 (HCAL 428/2018) – Court of Appeal on 6 October 2020 struck out and dismissed appeal for abuse of process due to re-litigation – Applicant acting in person cited COVID-19 pandemic and language difficulties as reasons for delay – court accepted explanation for delay as plausible but proceeded to consider merits – grounds raised in supporting affirmation bore no relationship to the re-litigation abuse of process reasoning in the 6 October 2020 judgment – Applicant failed to lodge written submissions despite acknowledging requirement under Practice Direction 2.1 – no reasonably arguable ground of appeal raised – no question of great general or public importance identified – application for extension of time refused – Notice of Motion dismissed.
Legal issues: Whether to extend time for filing application for leave to appeal to the Court of Final Appeal
Outcome: Application for extension of time dismissed; Notice of Motion for leave to appeal to the CFA dismissed
Cited by 69 cases · Cites 5 cases