Read the full judgment text of HCCT000031A/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.
Procedure — Appeal — Extension of Time — Arbitration Award — Application for Leave to Appeal filed out of statutory time limit — Whether court should condone late filing. The arbitration award was published on 17 December 1998, but the claimant did not uplift the award until 12 March 1999, delaying the defendant's knowledge of the award. The defendant sought leave to appeal on 17 March 1999, beyond the 21-day limit. The court found that the defendant's failure to apply within time was not so unreasonable as to refuse condonation, considering that refusing the extension would allow a probably incorrect award to stand. Exercising judicial discretion, the court allowed the late filing and extended the time to apply for leave to appeal. However, on subsequent appeal to the Court of Appeal (CACV000266/1999), this extension decision was overturned.
Legal issues: Extension of time for application for leave to appeal
Outcome: The High Court condoned the late filing of the application for leave to appeal.