Read the full judgment text of HCMP 121/2010 on BabelCite. This Court of Appeal judgment was delivered on 1 February 2011 before Le Pichon JA, Yuen JA, Kwan JA.
Civil procedure – leave to appeal to Court of Final Appeal – application to set aside order granting extension of time – whether questions of great general or public importance arise – exercise of discretion by single judge – threshold for setting aside – Court of Final Appeal Ordinance (Cap. 484) s.22(1)(b) – underlying judicial review proceedings HCAL 97/2004 – order made by A Cheung J on 8 February 2007 – extension of time granted by Rogers VP on 2 February 2010 – application to set aside dismissed on 13 August 2010 – proposed questions concerning whether exceptional circumstances required for extension of time when previous understanding of law held incorrect and approach under Nantong Angang Garments Co Ltd – Hung Chan Wa test – held: questions do not arise – correct principle applied by Vice President – exercise of discretion not matter of great general or public importance – questions at several removes from judgment – leave to appeal to CFA refused
Legal issues: Whether questions of great general or public importance arise for leave to appeal to the CFA
Outcome: Leave to appeal to the Court of Final Appeal was refused
Cited by 10 cases · Cites 1 case