Read the full judgment text of CACV 402/2005 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 1 June 2007 before Hon Rogers VP, Le Pichon JA, Chu J.
Civil Procedure — Application for leave to appeal out of time — Delay due to client’s location in Mainland China — Insufficient excuse for delay — Primarily factual issue with concurrent findings of fact upheld by Court of Appeal — No identifiable point of law on Companies Ordinance section 32A — Application refused. On 1 June 2007, Court of Appeal (Rogers VP, Le Pichon JA, Chu J) dismissed the application for leave to appeal to the Court of Final Appeal out of time, holding that communication means and ease of travel undermine the excuse for delay, and that absence of a clear point of law and concurrent factual findings preclude leave being granted.
Legal issues: Application for leave to appeal out of time
Outcome: Application for leave to appeal to the Court of Final Appeal out of time refused