Hong Kong Case Law

程祉諾 對 TRENDY FITNESS PARTY LTD

Court

District Court

Case number

DCCJ6423/2024

The court held that service by ordinary post to the registered office and other addresses was valid (none of the mail was returned and the defendant attended the hearing), the defendant had notice and opportunity to produce the material, the appeal period was extended as a discretionary matter, and there was no legal error or unreasonableness in the hearing officer's costs assessment; therefore the appeal was dismissed and costs awarded to the plaintiff.

Source excerpt

• Disclosure of evidence
• Service by post
• Extension of time for appeal
• Costs assessment

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RE LU ZHONGLOU

Court

Court of First Instance

Case number

HCB1119/2025

法庭裁定債權人在申請提出破產呈請及替代送達許可以前，未有作出充分及真實披露，故破產令被撤銷，破產呈請亦被駁回。

• Leave to present bankruptcy petition
• Service of statutory demand
• Full and frank disclosure
• Substituted service
• Jurisdiction under bankruptcy ordinance s4
• Annulment under section 33(1)(a)

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RE LIU WING TING STEPHEN trading as STEPHEN LIU AND COMPANY

Court

Court of First Instance

Case number

HCB4968/2024

The Court of First Instance granted a conditional stay of taxation pending appeal only if HK$325,000 was paid into court within 14 days, and awarded the Debtor HK$79,000 costs.

• Personal service
• Substituted service
• Adjournment
• Bona fide defence
• Taxation of costs
• Stay pending appeal

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楊天宏 對 吳粵宇及另一人

Court

Court of Appeal

Case number

CAMP40/2025

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.

Source excerpt

• Service of process
• Jurisdictional challenge
• Registration of judgment
• Interim injunctions
• Leave to appeal
• Affidavit evidence

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ORION ENGINEERED CARBONS GMBH v. GAN YUQI (ALSO KNOWN AS GAN YU QI) AND OTHERS

Court

Court of First Instance

Case number

HCA322/2025

The court discharged proprietary and Mareva injunctions against the 36th Defendant for material non-disclosure, citing undisclosed correspondence, service failures, and a misleading ex parte presentation.

• Proprietary injunction
• Mareva injunction
• Full and frank disclosure
• Material non-disclosure
• Service out of jurisdiction
• Cross-undertaking in damages

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WONG HOI TUNG TSO v. ALL OCCUPIERS (WHOSE NAMES ARE UNKNOWN, EXCEPT THE 2ND TO 5TH DEFENDANTS) AND OTHERS

Court

Court of First Instance

Case number

HCMP761/2015

The court refused a stay pending appeal against a default judgment for vacant possession, finding no real prospect of success on service or adverse possession.

• Vacant possession
• Default judgment
• Setting aside judgment
• Substituted service
• Stay pending appeal
• Ladd v marshall new evidence rule

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梁中平 對 張世文蔡敏律師事務所

Court

Court of First Instance

Case number

HCMP836/2023

Both originating summonses were struck out because they failed to disclose any reasonable cause, contained unsubstantiated serious allegations that were malicious, frivolous and an abuse of court process, and the matters complained of had been dealt with in earlier proceedings; accordingly immediate strike‑out and a two‑year interim restriction order were necessary to prevent further abuse and to protect court resources.

Source excerpt

• Strike out (order 18 r19)
• Restriction of proceedings (civil restraint order)
• Service and proof of service
• Res judicata/issue estoppel
• Assessment of costs
• Recusal application

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盛京銀行股份有限公司（北京中關村支行） v. ZHANG HONGWEI

Court

Court of First Instance

Case number

HCA597/2025

The Court of First Instance set aside a Mareva injunction because the plaintiff failed to disclose parallel PRC proceedings, preservation orders and a PRC judgment.

• Fraudulent misrepresentation
• Mareva injunction (freezing order)
• Duty of full and frank disclosure
• Improper service
• Forum/jurisdiction
• Effect of foreign proceedings and preservation orders

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YEUNG WING KWONG v. LEE JIA RUI SABRINA LEE, appointed by order dated 6th June 2023 to represent the estate of CHOI WAI KONG, deceased

Court

District Court

Case number

DCMP1372/2020

The court set aside a default judgment by consent and made no order as to costs, finding no blame by either party in the irregular service dispute.

• Adverse possession
• Substituted service
• Default judgment
• Setting aside irregular judgment
• Ex parte disclosure
• Duty of full and frank disclosure

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楊天宏 對 吳粵宇及另一人

Court

District Court

Case number

DCCJ760/2023

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.

Source excerpt

• Leave to appeal
• Validity of service in hong kong
• Jurisdiction by presence
• Permanent injunction
• Fresh evidence
• Forum non conveniens

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