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Hong Kong Case Law

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Company law [2020] HKCFI 2957

HOU HSIAO BING v. CHINA TECHNOLOGY SOLAR POWER HOLDINGS LTD

申請人要求根據《公司條例》第732及733條介入訴訟,但法庭認為證據不足以推翻董事局對訴訟的管理,因此駁回申請。

  • Leave to intervene
  • Diligent prosecution
  • Substituted service
  • Conflict of interest
  • Fraudulent conspiracy claim
  • Company-law
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Bankruptcy [2020] HKCA 174

RE WONG SEE YIN

The Court of Appeal refused leave to adduce fresh evidence in a bankruptcy appeal and ordered security for costs, staying the appeal pending payment.

  • Statutory demand
  • Bankruptcy order
  • Leave to adduce fresh evidence
  • Security for costs
  • Costs assessment
  • Set aside for fraud
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Civil procedure [2019] HKCFI 1853

DELCO PARTICIPATION B.V. v. CHIHO - TIANDE GROUP LTD AND OTHERS

法院准许原告大部分修订答辩,要求删除对荷兰税务机关报告意见的引用,并驳回缺乏证据基础的部分段落;并就修订及证据费用作出命令。

  • Amendment of pleadings
  • Strike out
  • Particulars
  • Set-off
  • Audit evidence
  • Joint venture
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Contract [2018] HKCFI 111

TOP CATERING DEVELOPMENT LTD v. CHAN SZE NGA FIONA t/a TASTY

The court refused leave to file a supplemental witness statement about unpleaded “faked meal tickets,” holding the evidence irrelevant and disproportionate.

  • Supplemental evidence
  • Leave to adduce evidence
  • Case management
  • Pleadings
  • Termination of subcontract
  • Costs
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Civil procedure FALCON PRIVATE BANK LTD v. BORRY BERNARD EDOUARD CHARLES LTD AND ANOTHER

FALCON PRIVATE BANK LTD v. BORRY BERNARD EDOUARD CHARLES LTD AND ANOTHER

The Court of First Instance dismissed a renewed recusal application and granted a temporary stay of proceedings pending a Court of Appeal appeal.

  • Stay of proceedings
  • Mareva injunction
  • Recusal
  • Disclosure/discovery
  • Strike-out application
  • Material non-disclosure
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Personal injury SINGH CHAMKAUR v. RICHARD ETHAN LATKER t/a SINO INDIAN TRADE ENTERPRISES

SINGH CHAMKAUR v. RICHARD ETHAN LATKER t/a SINO INDIAN TRADE ENTERPRISES

The Court of Appeal refused leave to appeal in a personal injury case, holding the defendant had no reasonable prospect of success and no interests-of-justice reason to hear the appeal.

  • Leave to appeal under s.63a(2)
  • Debarment for non-compliance with unless order
  • Adjournment/stay pending investigation
  • Interests of justice test
  • Allegations of fraud and perjury
  • Failure to adduce or challenge evidence
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Bankruptcy law RE NG CHI WAI

RE NG CHI WAI

The court granted Ng Chi Wai’s own bankruptcy petition, finding he was unable to pay his debts. Creditors’ fraud and property-transfer allegations were left for the Official Receiver.

  • Personal bankruptcy
  • Debtor petition
  • Abuse of process
  • Creditor claims
  • Official receiver investigation
  • Disposition of property
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Civil procedure MANDARIN RESOURCES CORPORATION LTD v. GRAND CHINA LTD

MANDARIN RESOURCES CORPORATION LTD v. GRAND CHINA LTD

The Court of Appeal refused an application to adduce fresh evidence on appeal, holding that the material was not sufficiently justified and required cross-examination.

  • Admission of fresh evidence on appeal
  • Ladd v marshall test
  • Surprise and wilful deception
  • Cross-examination
  • Adjournment and discovery timing
  • Admission-of-fresh-evidence-on-appeal
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.