Hong Kong Case Law

MAK PO NGAN 對 CHEUNG YUNG HO

Court

District Court

Case number

DCCJ6282/2024

The application to vary the interim costs order was dismissed because the earlier judgment established the plaintiff's claims had no real prospect and were frivolous or vexatious; the plaintiff provided no evidence of defendant misconduct or unreasonable conduct warranting departure from the ordinary costs rule; unrelated allegations and criminal concerns are irrelevant to the civil court's discretion on costs; accordingly the interim costs order was made absolute and the plaintiff was ordered to pay the defendant's costs of the application assessed at HK$10,000.

Source excerpt

• Costs order
• Variation of costs
• Frivolous and vexatious claims
• Discretionary relief
• Jurisdictional limits

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MISS YUEN OI YEE LISA v. BEST SPIRITS COMPANY LTD

Court

District Court

Case number

DCCJ5723/2016

The District Court refused leave to join two proposed defendants and dismissed the action, holding the claim fell within a later restricted proceedings order and was an abuse of process.

• Restricted proceedings order
• Personal data (privacy) ordinance s66
• Leave to commence proceedings
• Striking out
• Vexatious litigant
• Abuse-of-process

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MAK PO NGAN 對 CHEUNG YUNG HO

Court

District Court

Case number

DCCJ6282/2024

The court refused to admit the proposed fresh evidence because it would not materially affect the outcome and did not meet the Ladd v Marshall criteria, and the plaintiff's statement of claim failed to disclose a reasonable cause of action and was frivolous/vexatious/abusive and thus properly struck out; appeal dismissed and costs awarded to defendant (HK$60,000).

Source excerpt

• Strike out
• Abuse of process
• Admission of fresh evidence
• Costs

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LIU KAIBANG, a minor, by his next friend and mother LIU LIJUAN v. LAI JOSEPH TAK

Court

Court of First Instance

Case number

HCAP44/2023

The court ordered DNA testing, including exhumation-based paternity testing and a sibling control, to determine a child’s parentage in a probate dispute.

• Paternity testing
• Exhumation
• Dna testing orders
• Parentage
• Child welfare
• Court discretionary powers

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X v. MARIANI, STEFANO

Court

District Court

Case number

DCEO11/2023

The District Court set aside an ex parte anonymity order in a sexual harassment claim, finding serious material non-disclosure and no sufficient basis for secrecy.

• Anonymity order
• Open justice
• Ex-parte applications
• Full and frank disclosure
• Material non-disclosure
• Abuse of process

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POWER-PACK NETWORK INTERNATIONAL PTE LTD v. STANDARD CHARTERED BANK (HONG KONG) LTD

Court

District Court

Case number

DCMP5999/2023

The District Court granted a Norwich Pharmacal Order compelling Standard Chartered Bank to disclose account-holder and transaction records to help trace allegedly fraudulently transferred funds.

• Norwich pharmacal order
• Disclosure of bank records
• Asset tracing
• Inherent jurisdiction
• Section 21 evidence ordinance
• Norwich-pharmacal-order

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香港特別行政區 訴 陳朗笙

Court

Court of First Instance

Case number

HCMA404/2022

The court held the rented unit and its toilet were not a place the public could access because access was restricted to a particular class (the hirer and authorised crew) and the occupier retained exclusive control; accordingly the public element and the two-person rule required for the common law offence were not satisfied. The conviction was therefore unsafe and was quashed despite reliable admissions by the appellant.

Source excerpt

• Public place element
• Outraging public decency
• Two-person rule
• Voyeurism statute (s159aab)
• Exclusive possession

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X AND ANOTHER v. Y

Court

Court of First Instance

Case number

HCA166/2023

The Court of First Instance continued an anonymity order in a defamation and breach of confidence case, finding publication would risk the very harm the plaintiffs sought to prevent.

• Anonymity order
• Open justice
• Interim injunction
• Harassment
• Confidential information
• Publication

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CB v. APTHORP, BRIAN DREW

Court

District Court

Case number

DCPI357/2021

The District Court granted the plaintiff’s anonymity application in a personal injuries case arising from alleged indecent assaults, citing privacy interests and risk of further victimisation.

• Anonymity order
• Open justice principle
• Publication restrictions
• Victim protection
• Costs
• Anonymity-order

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KOO CHUN HONG JONATHAN v. BANK OF CHINA (HONG KONG) LTD

Court

District Court

Case number

DCMP4473/2023

The District Court granted a Norwich Pharmacal order requiring Bank of China (Hong Kong) Limited to disclose account-holder and transaction details to help trace misappropriated funds.

• Norwich pharmacal order
• Disclosure
• Tracing of assets
• Extortion/blackmail
• Norwich-pharmacal-order
• Asset-tracing

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