Chuck Wai Man v. Asia Television Ltd

HCMP 2564/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 2564 OF 2007

(ON AN INTENDED APPEAL FROM DCPI NO. 1166 OF 2007)

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BETWEEN

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Before : Hon Tang VP and Sakhrani J in Court

Date of Hearing : 25 January 2008

Date of Decision : 25 January 2008

Date of Reasons for Decision : 30 January 2008

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REASONS FOR DECISION

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Hon Tang VP (giving the reasons for decision of the Court) :

1.As Deputy District Judge Yiu has pointed out, the practice of the court has been to disapply section 27 of the Limitation Ordinance, Cap. 347, where no prejudice has been occasioned to a defendant by the delay.

2.It is not apparent from the decision on what basis the learned Deputy District Judge came to the conclusion that the prejudice to the defendant outweighed the prejudice to the plaintiff.

3.It may be he came to that conclusion because he thought that the delay was the fault of the defendant and that the defendant has had the benefit of a payment of “not less than $10,000” by the defendant.  If so, it is arguable that these reasons are irrelevant to the question whether any prejudice has been occasioned to the defendant by the delay.

4.For these reasons, we gave leave to appeal with costs in the appeal.

Mr Albert Yau, instructed by Messrs Lau, Chan & Ko, for the Plaintiff.