Read the full judgment text of HCMP 1604/2012 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 5 October 2012 before Hon Kwan and Fok JJA.
Procedure — Leave to appeal — Extension of time — Arbitration appeal — Court of Appeal — Costs — Application for leave to appeal refused as out of time and without merit. The plaintiff was dissatisfied with an arbitration award dated 24 September 2010 and obtained leave out of time to appeal. Au J allowed the appeal in part but refused other applications outside the scope. The plaintiff applied for leave to appeal Au J’s refusal out of time. The application was dismissed by Au J and renewed before the Court of Appeal. The Court of Appeal found the delay of eight days not significant but agreed with Au J that the proposed appeal had no prospect of success as the matters raised were beyond the original appeal scope. Costs were ordered to follow the event with summary assessment of the defendant’s costs excluding preparatory fees. The summons was dismissed and no oral hearing to reconsider the determination was permitted under RHC O.59 r.2A(8).
Legal issues: Leave to appeal out of time · Costs order following dismissal of leave to appeal
Outcome: The summons for leave to appeal is dismissed as out of time and without merit; costs ordered to be paid by the plaintiff to the defendant.
Cited by 2 cases · Cites 4 cases