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Hong Kong decisions
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The Lands Tribunal held that the respondent’s occupation of a common area was not adverse possession, rejected equity-based defences, and ordered vacant possession and mesne profits.
The court granted pre-action discovery/Norwich Pharmacal relief to help trace stolen funds, holding that abandoning a proprietary claim did not bar a prima facie unjust enrichment case.
The Court of Appeal dismissed an appeal over whether a share-sale agreement and related writs were registrable against land as affecting the property.
The District Court dismissed an Order 43 application for an account, holding that substantial factual disputes had to be resolved first and that the sum could not be certified on the material before the court.
法院批准由Soremi Investments Ltd提出的Mareva禁制令申请，并就CGI股份持有方式下达附带披露 आदेश；其餘附帶救濟被拒。
The Court of First Instance dismissed a joinder application and a Norwich Pharmacal disclosure summons, finding the proposed order unnecessary, disproportionate, and too wide.
The court dismissed the 6th Defendant’s summons to set aside leave to re-amend, holding that the challenged paragraphs were particulars of receipt, not new causes of action.
District Court trial over disputed machine sales, contract variation, economic duress, and maintenance losses. The plaintiff succeeded only on the welder price; the counterclaim succeeded only for replacement gear.
The court dismissed the defendant’s stay application pending appeal, finding no arguable grounds; it also dismissed the interim stay request and awarded costs.
The Court fixed the buy-out price at HK$2.98 per share, awarded interest from the last trading day, and appointed Tricor to administer the offer.
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