Read the full judgment text of CAMP 126/2022 on BabelCite. This Court of Appeal judgment was delivered on 8 December 2022 before Chu VP and Yuen JA.
Civil procedure – discovery – specific discovery – extension of time for leave to appeal – affirmation of documents – conclusive unless challenged by evidence – pandemic as excuse for delay – merits of proposed appeal – costs – Order 59 rule 2A(8) Rules of the High Court – The plaintiff sought specific discovery of audio recordings of 999 calls in a personal injuries action. The defendant's officer affirmed the recordings were no longer available. The District Court judge refused the application. The plaintiff's application for leave to appeal was refused. The plaintiff renewed the application out of time. The Court of Appeal considered the factors for extension of time: length of delay (2 months), reasons (pandemic, but insufficient), merits (none, as the affirmation was conclusive), and prejudice. The proposed appeal had no merits, so the extension was refused. The summons was dismissed with costs and an order that no oral hearing be reconsidered.
Legal issues: Extension of time for leave to appeal
Outcome: The plaintiff's renewed application for leave to appeal out of time is dismissed.
Cited by 5 cases