Read the full judgment text of CACV 266/2003 on BabelCite. This Court of Appeal judgment was delivered on 27 July 2004 before Ma CJHC, Le Pichon JA, Sakhrani J.
Civil procedure – appeal – leave to appeal to Court of Final Appeal – application out of time under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap.484 – whether reasonable excuse for delay under section 24(2) – whether merits of application for leave established – application for extension of time to apply for leave to appeal – summary judgment in respect of change of management of Hong Kong companies involved in Mainland road projects – appeal by 5th to 7th Defendants from dismissal of appeal by Court of Appeal – Court of Appeal previously granted summary judgment to Plaintiffs confirming appointment of new directors and removal of 7th Defendant as secretary by resolutions of 14 May 2002 – whether delay in making application for leave was substantial and inexcusable – whether time runs from date of judgment or handing down of Reasons for Decision – whether notification of intention to appeal requires grounds – whether questions of great general or public importance arise as to court's approach to expert evidence on foreign law in summary judgment applications – whether uncontradicted foreign law evidence must be accepted – whether PRC State Council Notice No.43 of 2002 supports Defendants' illegality argument – whether 'otherwise' limb of section 22(1)(b) engaged – application dismissed with costs.
Legal issues: Whether reasonable excuse exists for delay in applying for leave to appeal to CFA · Whether leave to appeal to CFA should be granted on the merits
Outcome: The Defendants' application for leave to appeal out of time to the Court of Final Appeal is dismissed.
Cited by 43 cases