Chiu Hsiung and Another v. Wang Chao Huang and Others

HCA 1974/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 1974 OF 2009

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D E C I S I O N

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1.The 3^rd defendant applies for leave to appeal against the decision of this court dated 23 September 2013 (“Decision”) out of time.

2.Firstly, I am satisfied with the explanation advanced by the 3^rd defendant today concerning the short delay in making this application. Accordingly, delay is not an obstacle for this application.

3.However, the critical consideration is the prospects of success of the appeal which will have to be reasonable.

4.Whilst I am satisfied that the residual discretion issue (see paras 5-7 of Decision) may answer the threshold, the same cannot be said in respect of the 2 other grounds on which the Decision was based (see paras 8 and 9 of Decision).

5.For these reasons, this application is declined.

[Submissions as to costs of the application]

6.The costs of this application be to the plaintiffs to be taxed if not agreed.

Mr Dennis Law, instructed by D S Cheung & Co, for the plaintiffs

The 3^rd defendant appeared in person