Read the full judgment text of CACV 240/2013 on BabelCite. This Court of Appeal judgment was delivered on 9 April 2014 before Hon Kwan JA and McWalters J.
Civil Appeal – Ancillary Relief – Extension of Time – Leave to Appeal – Jurisdiction – Test for Extension of Time – Real Prospect of Success – Costs – District Court Ordinance (Cap 336) s.63, s.63A, s.63B – High Court Ordinance (Cap 4) s.14(3) – Whether Court of Appeal has jurisdiction to hear appeal against District Court's decision granting extension of time to apply for leave to appeal – Held: No jurisdictional bar exists under Cap 336 s.63(1) – Whether correct test for extension of time where delay is inexcusable is reasonable prospect or real prospect of success – Held: Real prospect of success required – Whether husband's proposed grounds of appeal had real prospect of success – Held: None of the grounds had real prospect of success – Wife's appeal allowed; extension of time to husband set aside; husband to pay wife's costs.
Legal issues: Jurisdiction to appeal extension of time decision · Test for granting extension of time for appealing · Merits of husband's proposed grounds of appeal · Costs of the appeal
Outcome: Wife's appeal allowed; District Judge's decision to extend time to husband set aside.
Cites 5 cases