Hong Kong Case Law: Decisions & Judgments

Topic

Civil justice reforms

Legal area

Court

12 Nov 2014

LAW KWOK FAI PAUL AND OTHERS v. WELLMEI (HK) PLASTICS & ELECTRONICS INDUSTRIAL LTD AND ANOTHER

Citation

LAW KWOK FAI PAUL AND OTHERS v. WELLMEI (HK) PLASTICS & ELECTRONICS INDUSTRIAL LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV45/2014

Amendment was properly refused because plaintiffs unreasonably delayed over a year without satisfactory explanation to plead and particularise special damages, which prejudiced defendants who had adapted litigation and settlement strategy and would have acted differently if aware of the magnitude of the claim, making allowance of the amendment unfair.
15 Aug 2014

THE KWANGTUNG PROVINCIAL BANK v. CHUNG SUN KWAN AND ANOTHER

Citation

THE KWANGTUNG PROVINCIAL BANK v. CHUNG SUN KWAN AND ANOTHER
Court

Court of Appeal
Case number

CACV64/2014

The court held that there was inordinate and inexcusable delay by reason of a ten-year failure to advance the third party proceedings, that the delay caused prejudice (loss of documents, fading memories, difficulty in adducing evidence) creating a substantial risk of an unfair trial, and that the defendant could not be insulated from the Official Receiver's conduct after bankruptcy because causes of action vested in the trustee; accordingly the third party claim must be struck out and the third party action dismissed.
28 Jul 2011

LPK v. SH also known as HSC AND ANOTHER

Citation

LPK v. SH also known as HSC AND ANOTHER
Court

Family Court
Case number

FCMC11930/2010

Leave to adduce the unsigned draft affirmation of Mr. Cai was refused because the 2nd Respondent failed to give a full and frank explanation for the late application, had previously filed an expert opinion (LYS) in compliance with directions, could have sought timely supplementation by the same expert, the draft was unsigned and untranslated, and admission would prejudice the Petitioner and risk delay contrary to case management obligations under the CJR.
22 Jun 2010

WINFORD (HONG KONG) LTD v. RICACORP PROPERTIES LTD

Citation

WINFORD (HONG KONG) LTD v. RICACORP PROPERTIES LTD
Court

Court of First Instance
Case number

HCA2481/2008

The court refused all late applications because they were made too late, would disrupt the trial timetable and queue, and were contrary to the objectives of the Civil Justice reforms; accordingly joinder, amendments, expert evidence and supplemental statements were denied and the trial will proceed on existing pleadings with costs to the defendant for the hearing.
22 Jun 2009

FAI TAK ENGINEERING CO LTD v. SUI CHONG CONSTRUCTION & ENGINEERING CO LTD

Citation

FAI TAK ENGINEERING CO LTD v. SUI CHONG CONSTRUCTION & ENGINEERING CO LTD
Court

District Court
Case number

DCCJ305/2009

The court held that the 18 May 2005 letter and parties' conduct incorporated the Standard Form of Domestic Subcontract (including clause 18) into the Sub-Contract, that Sui Chong established a good prima facie case of an arbitration agreement, that a real dispute existed as to liability/quantum, and therefore a mandatory stay to arbitration was ordered; the plaintiff's late application to file further evidence was refused for non‑compliance with timetable orders and limited probative value.

Hong Kong Case Law

LAW KWOK FAI PAUL AND OTHERS v. WELLMEI (HK) PLASTICS & ELECTRONICS INDUSTRIAL LTD AND ANOTHER

THE KWANGTUNG PROVINCIAL BANK v. CHUNG SUN KWAN AND ANOTHER

LPK v. SH also known as HSC AND ANOTHER

WINFORD (HONG KONG) LTD v. RICACORP PROPERTIES LTD

FAI TAK ENGINEERING CO LTD v. SUI CHONG CONSTRUCTION & ENGINEERING CO LTD