GENG HUA ZHONG AND ANOTHER v. LI SHU HON AND ANOTHER

GENG HUA ZHONG AND ANOTHER v. LI SHU HON AND ANOTHER

Where a summons is not formally fixed and the court is not given notice of a return hearing, the court may treat the proceeding as irregular and refuse to proceed or set the summons aside; proper fixing and notice are prerequisites to a valid return hearing.

Citation
[2019] HKCFI 994
Parties
2nd Respondent: T-HERO INDUSTRIAL COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 April 2019
Case Number
HCCW403/2017
Procedural Posture
Civil Chambers Application / Reasons for Decision
Outcome
Summons found irregular and the matter not proceeded with; remitted for proper fixing and service.
Legal Topics
Service of Summons, Fixing of Hearing, Court Practice and Procedure
Source Language
EN
Civil Procedure Service of Summons Fixing of Hearing Court Practice and Procedure

Case Brief

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Parties

T-HERO INDUSTRIAL COMPANY LIMITED

2nd Respondent

Procedural Posture

Civil Chambers Application / Reasons for Decision

Legal Issues

  1. 1 Whether the summons was properly fixed and served
  2. 2 Whether the absence of formal fixing and notice to the court rendered the proceedings irregular
  3. 3 What relief follows from procedural irregularity

Ratio Decidendi

Where a summons is not formally fixed and the court is not given notice of a return hearing, the court may treat the proceeding as irregular and refuse to proceed or set the summons aside; proper fixing and notice are prerequisites to a valid return hearing.

Court Disposition

Summons found irregular and the matter not proceeded with; remitted for proper fixing and service.

Orders

  • Summons declared irregular
  • Matter remitted to be re-fixed with proper notice to the court and parties