Read the full judgment text of HCCT000030A/1999 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 4 May 1999 before The Hon Mr Justice Findlay, in Chambers.
Procedure — Application for leave to appeal — Timeliness — Arbitrator’s award published 17 December 1998 — Application made 17 March 1999 — 21-day limit exceeded — Plaintiff delayed uplifting award until 12 March 1999 — Defendant had no pressing reason to uplift it earlier — Court finds defendant’s delay not unreasonable and condones late application — Appeal by plaintiff against extension of time allowed by Court of Appeal. The plaintiff was the claimant in arbitration who delayed uplifting the award, thereby delaying the defendant’s ability to appeal within time. The court balanced procedural requirements against justice in permitting the defendant’s late application since the award was likely wrongly decided, and refusing leave would be unjust. The Court of Appeal overturned the decision to extend time for appeal. Outcome: Discretion exercised to condone late filing of leave application; on appeal, extension of time quashed.
Legal issues: Application for leave to appeal out of time
Outcome: Discretion exercised to condone the late filing of the application for leave to appeal; on appeal, the Court of Appeal allowed the appeal against the extension of time decision.