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Hong Kong decisions
Decisions matching the current search
The court ordered removal of a locked automated vehicular gate obstructing a right of way, and issued ancillary prohibitory relief. Costs were awarded nisi to the plaintiffs.
The court allowed the plaintiff to file the supplemental affidavit but refused the defendant's application to adduce fresh evidence because the defendant failed the primary Ladd v Marshall requirement of demonstrating that the evidence could not have been obtained with reasonable diligence before or during trial, and the proposed materials lacked sufficient importance/impact and credibility; accordingly the defendant's 17 January 2025 summons was dismissed and costs were awarded to the plaintiff in the sum of HKD133,000.
Source excerpt
Recorder Jin Pao SC refused a recusal application, holding that his remote and limited prior role as counsel did not create apparent bias.
The District Court held the purchasers breached two uncompleted flat sale agreements, ordered return of later deposits, and allowed the vendor limited resale damages after set-off.
The District Court set aside a default judgment after finding service by mailbox insertion was irregular because the defendant was outside Hong Kong throughout the relevant period.
The District Court assessed costs in three settled personal injuries actions from a minor traffic collision, reducing most claims because the injuries and liability issues were minor and disputed.
Defendant was not in default: she had filed an acknowledgement of service and a defence; plaintiff received and did not dispute service; some of plaintiff's interlocutory requests were withdrawn and imposed no continuing obligation to reply; and the claim seeks damages not a sum certain, therefore the statutory provisions for entering final judgment for want of action do not apply; the plaintiff's application to enter judgment for want of action is dismissed and costs are awarded against the plaintiff.
Source excerpt
Summary judgment was refused in a family dispute over alleged duress and undue influence, because the documents and recordings left genuine factual issues for trial.
The District Court dismissed a default-judgment summons in a water-seepage dispute, holding the injunction sought was too imprecise and service was potentially irregular.
The District Court dismissed summonses to continue ex parte Mareva injunctions, finding a good arguable fraud case but no real risk of dissipation.
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