Chu Kai on v. Chu Kwan on and Another

CACV 157/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 157 OF 1998

(ON APPEAL FROM HCA 10546/1996)

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Coram : Hon. Rogers, J.A. in Chambers

Date of hearing : 15 November 1999

Date of decision : 15 November 1999

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D E C I S I O N

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1. This is an application to set down the appeal out of time.

2. There was clearly, on the 1st Appellant's (1st Defendant's) own affirmation, a deliberate decision not to set the appeal down for a year, pending a decision by the father as to whether to give evidence that decision was apparently in the negative.

3. What has sparked this application appears to have been the finding of another decision on appeal in another case by the same Judge. That is almost irrelevant as far as the case is concerned and certainly does not represent any change in the law.

4. The 1st Appellant (1st Defendant) has also indicated that he may wish to adduce further evidence on the appeal, but I have looked at what he says he wishes to adduce and it is either material that was before the Judge below or does not appear to be of any significant weight.

5. I see no grounds for extending time to set down the appeal. This application is dismissed with costs.

Representation:

Mr. Benjamin Chain instructed by M/s. Sit, Fung, Kwong & Shum for Plaintiff/Respondent

1st Defendant/1st Appellant in person