Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Costs as contractual indemnity

Legal area

Court

12 Nov 1985

DINERS CLUB INTERNATIONAL (HK) LTD v. LAU LIN SHAN

Citation

DINERS CLUB INTERNATIONAL (HK) LTD v. LAU LIN SHAN
Court

Court of First Instance
Case number

HCA5306/1985

The appeals were allowed and the court held that the Masters' refusals based on registry policy were improper; having lawfully obtained High Court judgments the plaintiff is entitled to seek oral examination orders under Order 49B(1)(i) despite the sums being within District Court jurisdiction, and the court must exercise its discretion on the merits.
12 Nov 1985

DINERS CLUB INTERNATIONAL (HK) LTD v. FERDINAND ROBERT

Citation

DINERS CLUB INTERNATIONAL (HK) LTD v. FERDINAND ROBERT
Court

Court of First Instance
Case number

HCA3001/1985

The appeals were allowed because the Masters' refusal based on an administrative registry policy was not a proper exercise of discretion; a plaintiff who has obtained lawful default judgment in the High Court is entitled to apply for oral examination under Order 49B(1)(i) to enforce the judgment, and the discretion should be exercised in favor of permitting such enforcement absent cogent reasons not to do so; technical issues about mixed claims were left open for full argument.