Read the full judgment text of CACV 96/2018 on BabelCite. This Court of Appeal judgment was delivered on 19 April 2021 before Lam VP, Barma JA, Au JA.
Civil procedure – application for leave to appeal to Court of Final Appeal – extension of time – Applicant filed notice of motion approximately two and a half years out of time against unless order of 30 May 2018 – failure to lodge appeal bundles despite repeated directions and reminders from Registrar of Civil Appeals – appeal dismissed for want of prosecution on 14 June 2018 – whether good and sufficient ground shown for extension of time under s.24(5) of the Hong Kong Court of Final Appeal Ordinance – 28-day time limit under s.24(2) – general assertion of lack of knowledge and insufficient resources not a reasonable excuse – Applicant did not apply for relief from sanction under O.2 r.4 of the Rules of the High Court as invited by the Registrar – whether unless order was wrongly made – failure to prosecute appeal with due diligence – it was open to the Court to make the unless order – no reasonably arguable basis to challenge unless order – submissions on danger in home country, alleged failures of Torture Claims Appeal Board and corruption unrelated to prosecution of appeal – Full Wisdom Holdings Ltd v Traffic Stream Infrastructure Co Ltd; Bowlstar (HK) Ltd v Ho Kwai Po; Elijah Saatori v Raffles Medical Group; Tsit Wing (Hong Kong) Company Limited & Others v TWG Tea Company Pte Ltd applied – Notice of Motion dismissed.
Legal issues: Extension of time to apply for leave to appeal to the Court of Final Appeal · Whether the unless order was wrongly made
Outcome: Notice of Motion dismissed; no extension of time granted for the Applicant to apply for leave to appeal to the Court of Final Appeal.
Cited by 52 cases · Cites 5 cases