19 Sept 2007
CHAN KONG v. CHAN LI CHAI MEDICAL FACTORY (HONG KONG) LTD AND OTHERS
- Citation
- CHAN KONG v. CHAN LI CHAI MEDICAL FACTORY (HONG KONG) LTD AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV161/2006
The claim as pleaded disclosed no reasonable cause of action: the pleaded characteristics were those of traditional tongs which Hong Kong law does not recognize for the asserted proprietary and partnership rights (except limited application for New Territories land), and the pleaded partnership by birth without contractual foundation is not a partnership recognised by Hong Kong law; the Plaintiff had not pleaded reliance on the Chinese Partnerships Ordinance, so the proper course was to adjourn the appeal and permit re‑amendment rather than allow the defective pleadings to stand.