FONG KWOK SHAN CHRISTINE AND CHAN SHAU MAN AMY t/a GREEN HOUSE PROPERTY AGENCY(a firm) 對 YU MA KWAI AND OTHERS

FONG KWOK SHAN CHRISTINE AND CHAN SHAU MAN AMY t/a GREEN HOUSE PROPERTY AGENCY(a firm) 對 YU MA KWAI AND OTHERS

Appeal dismissed because the plaintiffs delayed seriously (one year and two months after formal dismissal), failed to apply within the 3‑month restoration period, their explanation of non‑receipt was not credible given service at their known address and prior hearing attendance, and they did not demonstrate good...

Source-derived case information.

Citation
FONG KWOK SHAN CHRISTINE AND CHAN SHAU MAN AMY t/a GREEN HOUSE PROPERTY AGENCY(a firm) 對 YU MA KWAI AND OTHERS
Parties
Plaintiff: FONG KWOK SHAN CHRISTINE and CHAN SHAU MAN AMY trading as GREEN HOUSE PROPERTY AGENCY; Defendant: YU MA KWAI; Defendant: YU FUK-HONG; Defendant: YU FUK ON (Deceased)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 May 2014
Case Number
HCA10345/1997
Procedural Posture
Civil Proceedings in High Court Concerning Strike Out and Restoration of Claim / Appeal Against Registrar's Case Management Order (rehearing Application)
Outcome
Appeal dismissed
Legal Topics
Case Management, Strike Out for Non Attendance, Extension of Time, Service of Documents, Costs
Source Language
ch
Civil Procedure Civil Litigation Court Rules Case Management Strike Out for Non Attendance Extension of Time Service of Documents Costs

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Parties

FONG KWOK SHAN CHRISTINE and CHAN SHAU MAN AMY trading as GREEN HOUSE PROPERTY AGENCY

Plaintiff

YU MA KWAI

Defendant

YU FUK-HONG

Defendant

YU FUK ON (Deceased)

Defendant

Procedural Posture

Civil Proceedings in High Court Concerning Strike Out and Restoration of Claim / Appeal Against Registrar's Case Management Order (rehearing Application)

  1. 1 Whether the plaintiff's out-of-time appeal/application to restore a struck-out claim should be allowed
  2. 2 Whether the registrar's temporary strike‑out under Order 25 r1C of the High Court Rules and subsequent dismissal was procedurally proper
  3. 3 Whether service of the strike‑out order was effectively made on the plaintiffs

Ratio Decidendi

Appeal dismissed because the plaintiffs delayed seriously (one year and two months after formal dismissal), failed to apply within the 3‑month restoration period, their explanation of non‑receipt was not credible given service at their known address and prior hearing attendance, and they did not demonstrate good reason or sufficient prospects to justify restoring the claim.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs to be paid by the plaintiffs to the defendants