Read the full judgment text of CACV 000008/1998 on BabelCite. This Court of Appeal judgment was delivered on 24 February 1998 before Nazareth V-P, Wong J, Sears J.
Civil procedure – appeal – extension of time to set down – factors – delay – reasons – merits – prejudice – solicitor – professional misconduct – suspension – no prospects of success – appeal struck out – costs. The appellant solicitor was found guilty by the Solicitors Disciplinary Tribunal of 10 complaints including misuse of client funds, failure to deliver accountant's reports, and other breaches of professional rules. He was suspended for 3 years and required to practise under supervision. He appealed but failed to set down the appeal in time. The Law Society applied to strike out the appeal; the appellant applied for an extension of time. The Court of Appeal, applying the four factors for extension of time (length of delay, reasons, chances of success, prejudice), found no merit in the appeal against findings or orders. The court noted that the appellant admitted the facts, that the Tribunal was well placed to assess sanctions, and that deferring suspension prejudiced the public. The court dismissed the appellant's application, granted the respondent's application, and struck out the appeal with costs.
Legal issues: Extension of time to set down appeal
Outcome: The appellant's application for extension of time to set down the appeal was dismissed; the respondent's application to strike out the appeal was granted; the appeal was struck out.