Read the full judgment text of HCMP 316/2013 on BabelCite. This High Court CFI judgment was delivered on 28 February 2014 before Chu JA.
Civil procedure – extension of time – Notice of Appeal – costs order – delay – prejudice – discretion – settlement agreement – FDR hearing – custody proceedings – reasonable prospect of success – extension granted – costs in cause – HCMP 316/2013 – FCMC 15332 of 2011 – FCMC 15519/2010 – TPL v WYY – Chu JA – application for extension of time to file Notice of Appeal against costs order made by Deputy District Court Judge S Lo on 3 October 2012 – delay from May 2013 to January 2014 – reason for delay due to settlement agreement at FDR hearing on 25 April 2013 – parties differed on terms regarding costs in custody application – estoppel argument rejected – prejudice not over and above usual – intended appeal has reasonable prospect of success – questions of principle regarding costs in contested custody proceedings – discretion exercised in favour of granting extension – leave to serve and file Notice of Appeal within seven days – costs of application costs in the cause
Legal issues: Good reasons for delay · Prejudice occasioned to petitioner · Exercise of discretion
Outcome: Extension of time granted
Cites 2 cases