Read the full judgment text of FAMP 000002/2004 on BabelCite. This FAMP judgment was delivered on 17 December 2004 before Chief Justice Li, Mr Justice Chan PJ, Mr Justice Ribeiro PJ.
Civil procedure – Court of Final Appeal – power to abridge statutory time limits – application for leave to appeal – Hong Kong Court of Final Appeal Ordinance, Cap.484 – sections 24(2), 24(4), 24(5) – inherent jurisdiction – rule 70(1) of the Hong Kong Court of Final Appeal Rules – Housing Authority divesting properties for Link Real Estate Investment Trust flotation – judicial review dismissed by Hartmann J – appeal dismissed by Court of Appeal – Authority sought to abridge time for leave to appeal to Court of Final Appeal – no statutory power to abridge – inherent jurisdiction cannot override statute – application dismissed with costs.
Legal issues: Power to abridge statutory time limits
Outcome: The Authority's application to abridge time is dismissed with costs.