Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Civil justice reform (cjr) impact

Legal area

Court

23 Dec 2014

TO PUI KUI AND ANOTHER v. HULTUCKTONG COMMERCIAL & INDUSTRIAL CO LTD AND OTHERS

Citation

TO PUI KUI AND ANOTHER v. HULTUCKTONG COMMERCIAL & INDUSTRIAL CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCA1040/2009

No good reason was advanced for the very late disclosure; the Trust Documents are not necessary for determination of the remaining issues; therefore the court refused the late discovery application and did not permit further discovery at this late stage.
8 Dec 2011

THE LIQUIDATOR OF WING FAI CONSTRUCTION CO LTD (IN COMPULSORY LIQUIDATION) v. YIP KWONG ROBERT AND OTHERS

Citation

THE LIQUIDATOR OF WING FAI CONSTRUCTION CO LTD (IN COMPULSORY LIQUIDATION) v. YIP KWONG ROBERT AND OTHERS
Court

Court of Final Appeal
Case number

FACV3/2011

The Court held the appeal must be dismissed because striking out is a last resort founded on abuse of process; although there was an inordinate unexplained delay for a two-year period, the evidence did not establish the necessary degree of abuse, 'warehousing' or prejudice to justify depriving the liquidator of a trial, and under CJR principles the court must apply active case management but still reserve striking out for plain and obvious cases.