Read the full judgment text of HCMP 000790/2007 on BabelCite. This High Court CFI judgment was delivered on 29 May 2007 before Cheung JA.
Civil procedure – extension of time – service of notice of appeal – laches – default interest – management fees – Deed of Mutual Covenant – costs – merits of appeal – test for extension – substantial issue raised – Limitation Ordinance – The Incorporated Owners of So Tao Centre v Lam Kong Wan – HCMP 790/2007 – The plaintiff applied for an extension of time to serve a notice of appeal after a 22-day delay and further delay of over two months. The court granted the extension because the appeal raised a serious question as to whether the defence of laches was available to a claim for contractual interest under a DMC, given that the claim was not equitable and was subject to the Limitation Ordinance. The court found the delay substantial and not excusable, but the merits of the appeal justified the extension. The plaintiff was ordered to pay the costs of the application.
Legal issues: Extension of time to serve notice of appeal
Outcome: Extension of time granted; plaintiff ordered to pay costs of the application.
Cited by 1 case · Cites 2 cases