CLARE HOLLINGWORTH v. THOMAS EDWARDS JUSON

HCMP 356/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 356 OF 2007

(ON AN INTENDED APPEAL FROM HCA No. 249 of 2006)

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D E C I S I O N

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1. I granted the defendant extension of time to file and serve the notice of appeal before Friday, 9 March 2007 and ordered the costs of the application to be in the cause of the appeal.

2. The defendant had always intended to lodge an appeal against the judgment of Chu J dated 17 January 2007 which was sealed on 23 January 2007.  He actually filed a notice of appeal within time on 30 January 2007.  However the filing was made under the High Court action instead of under an appeal in the Court of Appeal.  The mistake cannot be intentional.  As soon as the defendant realised the mistake he took out the present application.

3. The plaintiff wished to adjourn the defendant’s application for argument.  In my view this would be a waste of time.  The merits of the appeal can be fully canvassed at the appeal itself.