Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Clayton's rule

  • 30 Sept 2020

    REINHOLD THURNER v. EXCELLENT CENTURY HOLDINGS LTD

    Citation
    [2020] HKCFI 2550
    Court
    Court of First Instance
    Case number
    HCA1422/2019

    Service on the defendant at its BVI registered address via its registered agent was valid under BVI law, rendering the Default Judgment regular; defendant failed to demonstrate a real prospect of success on its tracing defences for Sum A and Sum B (Clayton's Rule was not displaced and equitable tracing principles supported plaintiff); accordingly the appeal to set aside the Default Judgment was dismissed and the Default Judgment upheld; plaintiff's application for garnishee relief was adjourned for resolution of competing injunctions and service issues on Dragon Lotus.

  • 3 Jan 2002

    LEE YING WAH v. YUEN TO, TONY AND ANOTHER

    Citation
    LEE YING WAH v. YUEN TO, TONY AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA976/2001

    Because the question about the legal validity of the assignments was a pure point of law that had been raised before the Master and there was a genuine misunderstanding about the extent of the defendants' concession, it was fair and appropriate on re-hearing to permit the Plaintiff to renew the application for joinder rather than to bar the defendants from raising the point; accordingly leave to renew joinder was granted and directions ordered.