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The court dismissed an application to re-amend a defence and counterclaim, holding the proposed abatement plea did not plead diminution in value and was legally defective.
The District Court held all three defendants liable for a construction-site fall, finding breaches of CSSR Reg 38A and 38AA and awarding the plaintiff HK$479,733 plus interest.
The Court of First Instance allowed a plaintiffs’ appeal against refusal of re-amendments, holding the proposed conspiracy, misrepresentation and constructive trust pleadings were sufficiently arguable.
The Court of Appeal dismissed an architect’s disciplinary appeal, upholding findings of misconduct and neglect in supervision, certification, and contract administration.
The court accepted the prosecution expert that the fall‑protection arrangement in fact created a real and foreseeable risk (shared/altered lifeline permitting entanglement and interruption of continuous secure anchorage); appellants failed to demonstrate they had taken all reasonably practicable steps (no documented procedures, inadequate supervision, lack of signage and control) and therefore did not satisfy s38H; appellants also lacked a genuine reasonable belief that the system was compliant under common law; convictions were therefore safe and upheld.
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The Court ordered the Plaintiff to pay the interest under a second arbitral award into court, pending appeal on the principal award.
The Court of Appeal dismissed KONE’s challenge to a levy assessment on lift and escalator maintenance, holding the work could fall within CICO and section 40(1).
The Court of Appeal dismissed an appeal in a copyright dispute over construction drawings and a temporary public fill sorting installation at Tseung Kwan O.
Leave to appeal was refused in a dispute over whether a later settlement agreement displaced an earlier arbitration clause. The court held the settlement governed the claim.
The court dismissed most strike-out challenges to construction pleadings, allowed amendment of the statement of claim, and deferred one issue with liberty to restore.
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