Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Conversion to writ (order 28 r8)

Legal area

Court

27 Aug 2018

LEUNG YUET MING, Executrix of the Estate of LEUNG WING CHUEN (Deceased) v. LEUNG YEUK HUNG

Citation

[2018] HKCFI 1911
Court

Court of First Instance
Case number

HCMP1880/2017

There were substantial and genuine factual disputes about ownership, financial contribution and intent which could not be resolved on affidavit evidence; accordingly, under Order 28 r8(1) the proceedings should continue as if commenced by writ, with specified pleading, discovery and evidence timetables, and costs awarded to the defendant for specified summonses.
28 Aug 2015

THE INCORPORATED OWNERS OF FOO HOO CENTRE v. HONG KONG ALLIANCE IN SUPPORT OF PATRIOTIC DEMOCRATIC MOVEMENTS OF CHINA

Citation

THE INCORPORATED OWNERS OF FOO HOO CENTRE v. HONG KONG ALLIANCE IN SUPPORT OF PATRIOTIC DEMOCRATIC MOVEMENTS OF CHINA
Court

Court of First Instance
Case number

HCMP1037/2014

The judge applied RHC Order 28 r8 and found no genuine or substantial disputes of fact that would require conversion to a writ action because the defendant's use was not in dispute and the remaining questions are principally matters of construction of the Occupation Permit and clause 5.13 of the DMC; the plaintiff accepted the defendant's factual evidence and would not seek cross-examination; therefore the Master's refusal to order continuation as if begun by writ was correct and the appeal was dismissed.