Hong Kong Case Law

三昇信貸有限公司 對 WU TIN YICK

Court

District Court

Case number

DCMP914/2025

The application for permission to appeal out of time was dismissed because the defendant failed to file any affidavit explaining the delay or to produce evidence supporting his asserted ground (the mother’s equitable interest); absent such explanation or evidence there was no special reason to extend time and the late application must be refused. Costs were awarded to the plaintiff in the assessed sum of HK$12,000.

Source excerpt

• Sale order
• Extension of time for appeal
• Charging order absolute
• Enforcement of arbitration award
• Costs assessment

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COSIMO BORRELLI AND OTHERS v. HERBERT SMITH FREEHILLS (A FIRM)

Court

Court of First Instance

Case number

HCMP408/2025

The court varied costs orders in related proceedings, refused indemnity costs, and ordered taxation rather than summary assessment because the issues and costs overlapped.

• Recognition of foreign receivers
• Delivery up of documents from solicitors' possession
• Supervisory jurisdiction over solicitors' documents
• Taxation versus summary assessment of costs
• Certificate for counsel
• Indemnity costs on stay

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LI YIDONG AND ANOTHER v. CHEN PING AND OTHERS

Court

Court of First Instance

Case number

HCA2495/2024

The court granted relief from sanction for an unless order, refused default judgment, and declined to discharge the varied injunction save for the proprietary injunction against D3-D5.

• Discharge of ex parte order
• Full and frank disclosure
• Relief from sanction
• Unless order
• Default judgment
• Case management stay vs o.12 r.8 stay

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LY v. HW

Court

Court of Appeal

Case number

CACV409/2022

The Court of Appeal dismissed an appeal against refusal to set aside an arbitral award, holding the tribunal had sufficiently dealt with the rollover issue and no public policy breach was shown.

• Setting aside award
• Sufficiency of reasons
• Assignment of contracts
• Contract interpretation
• Public policy
• Infra petita challenge

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A v. B1 AND ANOTHER

Court

Court of First Instance

Case number

HCCT113/2024

Court dismissed challenges to an HKIAC partial award and costs award, holding the EDP procedure was fairly invoked and the fees award was not unfair.

• Early determination procedure (hkiac article 43)
• Setting aside awards (uncitral ml article 34 / s81 ao)
• Enforcement of arbitral awards
• Tribunal procedural fairness and right to be heard
• Assessment of costs in arbitration
• Implied terms and contractual construction

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RUSCHEMALLIANCE LLC v. LINDE GMBH AND ANOTHER

Court

Court of Appeal

Case number

CAMP62/2026

The Court of Appeal refused leave to appeal and a stay against a Hadkinson order made in arbitration set-aside proceedings, upholding the judge’s discretion and awarding costs.

• Hadkinson order
• Anti‑suit injunction
• Set aside arbitral award
• Uncitral model law article 34
• Arbitration ordinance s81
• Indemnity costs

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BANK v. GUARANTOR AND OTHERS

Court

Court of First Instance

Case number

HCCT112/2025

The Court of First Instance dismissed a guarantor’s bid to set aside enforcement of a Shenzhen arbitral award, rejecting arguments on procedure, fair hearing, and public policy.

• Setting aside enforcement of arbitral award
• Recognition and enforcement
• Procedural fairness and right to be heard
• Waiver and estoppel
• Foreign law evidence
• Public policy defence

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SIC v. WI AND ANOTHER

Court

Court of First Instance

Case number

HCCT68/2025

The Court ordered partial security of US$600,000 and adjourned the setting-aside application, rejecting immediate enforcement but not accepting WI’s fraud case on brief review.

• Setting aside award
• Security for costs
• Procedural fraud
• Document production/discovery
• Recognition and enforcement
• Stay/adjournment

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CS v. HKR

Court

Court of First Instance

Case number

HCCT72/2024

The Court ordered the Plaintiff to pay the interest under a second arbitral award into court, pending appeal on the principal award.

• Voluntary payment order
• Payment into court
• Stay and security for awards
• Leave to appeal on questions of law
• Doctrine of severability of arbitral awards
• Interest and costs awards

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V v. M

Court

Court of First Instance

Case number

HCCT26/2025

The Court dismissed a challenge to enforcement of a Mainland arbitral award, holding that no refusal ground under s 95 of the Arbitration Ordinance was made out.

• Recognition and enforcement of arbitral awards
• Setting aside/enforcement defences
• Natural justice/ability to present case
• Arbitral procedure and seat law (prc)
• Duty to give reasons
• Costs

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