Read the full judgment text of CACV 000257/1996 on BabelCite. This Court of Appeal judgment was delivered on 17 February 1998 before Nazareth, V.-P., Mayo, J.A. and Le Pichon, J..
Civil law – appeal – extension of time – leave to appeal out of time – possession of New Territories land – squatters' rights – adverse possession – New Territories (Renewable Crown Leases) Ordinance Cap 152 – whether change in law justifies delay – whether Ladd v. Marshall conditions satisfied for further evidence – Norwich and Peterborough Building Society v. Steed test – registered owner of Lot 769 in D.D. 99, Mai Po, San Tin, Yuen Long, New Territories sought possession from squatters – notices to quit posted 15 June 1993 – squatters failed to comply – Master O'Donnell ordered possession 4 March 1994 – Master Chan dismissed application for leave to appeal out of time 24 May 1994 – appeals lodged between 6 months and over 2 years out of time – Wong J dismissed appeal 12 November 1996 without written judgment – whether Wong J adjudicated the leave point – held no adjudication on leave point as it was not addressed at hearing – whether Mr Ho's 3rd affirmation should be admitted as further evidence – held not admitted as it fails first Ladd v. Marshall condition – whether leave to appeal out of time should be granted – held leave refused – balancing exercise under Norwich and Peterborough test – delay substantial (6 months and 2+ years) – change in law following Yeung Kong v Fu Mei-ling insufficient to justify delay – no special circumstances shown – finality of litigation paramount – prejudice to respondent – appeal dismissed with costs to respondent – appellants' costs taxed in accordance with Legal Aid Regulations
Legal issues: Whether Wong J adjudicated the leave to appeal out of time · Whether Mr Ho's 3rd affirmation should be admitted as further evidence · Whether leave to appeal out of time should be granted
Outcome: Appeal dismissed; leave to appeal out of time refused.