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Hong Kong decisions
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The court refused leave to appeal against a condition requiring US$22.5 million payment before a late opposition affidavit could be filed in a winding-up petition.
The court accepted the plaintiff’s evidential account that the amended originating summons was personally tendered and refused by the first defendant, such attempted handover satisfied the Regional Court Rules for service; the first defendant therefore failed to file the required acknowledgements/defence, the registration and consequential orders complied with applicable rules, and the proposed grounds of appeal did not have a reasonable prospect of success, so leave to appeal was refused and costs awarded.
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The court declined to award indemnity costs, but varied the costs order to common fund basis after finding the plaintiff’s ex parte disclosure breaches were inexcusable.
Permission to appeal was refused because the appellant failed to demonstrate that the proposed appeal involved issues of wide or public importance or any other exceptional reasons under s22; the appellant's submissions were unsupported by evidence or legal authority and therefore did not meet the threshold for certification to the Court of Final Appeal.
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Court of First Instance dismissed D1’s summons challenging service out, jurisdiction and an ex parte defamation injunction, and continued the injunction in force.
The court refused leave to appeal, extension of time, and stays in trust litigation over an exclusive jurisdiction clause, and maintained summary judgment and costs orders.
The plaintiff's claim is founded on alleged wrongful dismissal seeking monetary relief and contains no independent tort; such claims fall within the Labour Tribunal's exclusive jurisdiction under the Labour Tribunal Ordinance (Cap.25) Schedule and s7(2). Therefore the District Court lacks jurisdiction and the statement of claim is struck out; the court also ordered costs to the defendant.
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The District Court dismissed the plaintiff’s appeal, upholding the strike-out for Henderson abuse and, alternatively, lack of jurisdiction after deductions.
The court ordered MCL to pay the costs of a default-judgment set-aside summons, and made the remaining costs follow the outcome of the related US action.
Service on 12/5/2023 was effected on the defendant while physically present in Hong Kong making jurisdiction proper; the defendant failed to follow required procedural steps to challenge jurisdiction or admit fresh evidence; therefore the asserted grounds of appeal had no reasonable prospect of success and leave to appeal was denied.
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