Read the full judgment text of CACV 5/2011 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 13 January 2012 before Hon Tang VP, Kwan JA.
Civil Procedure — Appeal — Extension of time — Security for costs — Legal aid — Delay — Professional fees claim — Limitation — The Plaintiff sought to appeal the dismissal of his claim for professional fees which was held statute-barred by Saunders J. The Court of Appeal dismissed the appeal for failure to provide the ordered security for costs in time, after the Plaintiff delayed applying for legal aid. The Plaintiff's subsequent application for extension of time to appeal was refused due to undue and unexplained delay, lack of reasonable explanation, and the stale nature of the claim. Although the appeal was arguable, it was not shown to have strong prospects of success. The Court applied key factors for exercise of discretion on extension: length and reasons for delay, merits, and prejudice, ultimately concluding that overall justice did not support extension. Plaintiff's costs were ordered to be taxed under the Legal Aid Regulations.
Legal issues: Extension of time to appeal
Outcome: Refusal of extension of time to appeal; appeal dismissed
Cites 1 case