LI SOO TAN (李素丹) also known as LEE SOO TAN DOREEN v. LEE KWAI TAI (李桂娣) also known as LI KWAI TAI
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FAMV No. 89 of 2018
[2019] HKCFA 31
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 89 OF 2018 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACV NO. 346 OF 2018)
_____________________
BETWEEN
| LI CHEONG (李昌) | Plaintiff | |
| and | ||
| LEE KWAI TAI (李桂娣) also known as LI KWAI TAI | Defendant (Respondent) | |
| and | ||
| LI SOO TAN (李素丹) also known as LEE SOO TAN DOREEN | Intended Intervener (Applicant) |
_____________________
Appeal Committee: Mr Justice Fok PJ, Mr Justice Cheung PJ and Mr Justice Tang NPJ
Date of Hearing and Determination: 14 August 2019
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DETERMINATION
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The Appeal Committee:
1. We grant leave to appeal to the Applicant (who was the Intended Intervener below) on the "or otherwise" limb on the basis that it is reasonably arguable that there were no grounds for the Court of Appeal to set aside the exercise of discretion by the Deputy High Court Judge to permit the Intended Intervener to acknowledge service in HCAP 32/2012 out of time and to apply to set aside the Deputy High Court Judge's judgment in that action dated 8 June 2016 and to exercise that discretion afresh as it did.
2. The appeal will be heard on 9 January 2020.
| (Joseph Fok) | (Andrew Cheung) | (Robert Tang) |
| Permanent Judge | Permanent Judge | Non-Permanent Judge |
Mr Simon K.C. Lam, instructed by Kelvin Cheung & Co., for the Intended Intervener (Applicant)
Mr Albert Yau and Mr Kevin Poon, instructed by Hoosenally & Neo, for the Defendant (Respondent)