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Hong Kong decisions
Decisions matching the current search
The Court of First Instance held that contempt defendants need not elect whether to call evidence when making a no case to answer submission.
The Court of Appeal refused leave to appeal in two related matrimonial applications, upholding refusals to adjourn, a contempt finding, and indemnity costs.
Leave to appeal was granted on whether express leave under s 12(1) of the Bankruptcy Ordinance was required before a Master could order imprisonment under Order 49B.
The Court of Appeal dismissed the defendant’s motion for leave to appeal to the Court of Final Appeal, finding the issue was not of great general or public importance.
The Court of First Instance discharged a proprietary interlocutory injunction after finding the plaintiff breached his undertaking and had unclean hands.
The Court of Appeal refused leave to appeal in ancillary relief proceedings, dismissed an application to adduce fresh evidence, and refused a Hadkinson order.
The Court of First Instance awarded the father costs after the mother’s prolonged retention of the child abroad led to a leave summons and return proceedings.
The Court of Appeal refused leave to appeal against a Hadkinson order, holding that the father’s grounds raised no issue of great general or public importance.
The writ was struck out and the claim dismissed because it disclosed no reasonable cause of action, was malicious/frivolous/vexatious and an abuse of court process; allegations against the judge and commission were barred by judicial immunity (Basic Law s85 and Cap.92 s10) and contempt allegations lacked locus standi and required permission; the pleading defects were incurable so the entire writ was struck out and costs were awarded to defendants on an indemnity/compensation basis.
Source excerpt
The court refused leave to appeal against an increased interim children’s maintenance order and costs provision, holding the proposed appeal had no reasonable prospect of success.
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