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Hong Kong decisions
Decisions matching the current search
The court varied costs orders in related proceedings, refused indemnity costs, and ordered taxation rather than summary assessment because the issues and costs overlapped.
Costs decision on related Hong Kong proceedings: the court ordered taxation, refused indemnity costs, upheld a two-counsel certificate, and made costs orders against the Receivers/Applicants.
The Court of Final Appeal dismissed an appeal over foreign illegality and held that a Hong Kong unjust enrichment claim can survive, subject to comity and rare exceptions.
The Court dismissed a Hong Kong forum non conveniens stay, upheld service as of right, and refused late fresh evidence about a PRC action.
The court refused permission for substituted service to a Mainland address because service of the writ in the Mainland must be effected via the prescribed Mainland–HKSAR judicial arrangement and Order 11 r.5A(1) requires transmission through Mainland judicial authorities; the attempted private service by the applicants’ agent was therefore legally ineffective and substituted service by post was not justified; the applicants must therefore effect service of the writ via the Arrangement before further steps are taken.
Source excerpt
The District Court found for the plaintiff on Fantasy Ballet, the investment money, and the Japan property, treated Onpop ownership as shared, and dismissed the HK$75,000 claim.
The Court of First Instance ordered restitution against a defendant who received misappropriated funds, rejecting bona fide purchaser and change of position defences.
The court struck out defendants’ validity defence and Yau’s beneficial ownership claim, holding the Mainland SPC judgment final and conclusive and barring relitigation.
The court held that a Mainland judgment finally determined the validity of a share transfer, struck out the contrary defence, and dismissed Yau’s beneficial ownership claim as an abuse.
The court held that Cuenda acted as nominee for Carmon Angola, found an express trust over Carmon HK shares and account funds, and granted proprietary and personal relief.
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