Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Case management (cjr)

  • 24 Jun 2015

    YIP KWOK SUN v. POLY STYLE LTD

    Citation
    YIP KWOK SUN v. POLY STYLE LTD
    Court
    District Court
    Case number
    DCMP2891/2011

    Leave granted: where a party's retained expert refuses to comply and the defendant has adduced expert opinion on crucial limited issues (the four aerial photos), fairness and the CJR objectives require permitting the plaintiff to appoint an authorised land surveyor other than the uncooperative original expert to prepare a supplemental expert report confined to those photos; the measure is proportionate, causes no substantial delay, and avoids an uneven playing field; costs ordered against the defendant subject to taxation/certificate for counsel; order nisi to become absolute in 14 days if no…

  • 17 May 2012

    PACIFIC DUNLOP GARMENTS LTD v. FUNDAMENTAL GLOBAL LTD AND OTHERS

    Citation
    PACIFIC DUNLOP GARMENTS LTD v. FUNDAMENTAL GLOBAL LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA1655/2008

    On the material before the court the plaintiff demonstrated a good arguable case under Order 11 rule 1(c) that Kylin holds the shares as a nominee of the defendants and is a necessary and proper party; the court therefore granted joinder and leave to serve out under Order 11 r1(c). The PRC law expert evidence was relevant and, despite delay, admissible because denying it would unfairly prejudice the plaintiff and defendants would not suffer real prejudice. A split trial of liability before damages was justified because defendants' transfer of shares risked defeating specific performance; all…