Hong Kong Case Law: Decisions & Judgments

Topic

Counterclaim abandonment

Legal area

Court

6 Dec 2024

CHEUNG KWAN HO v. MAN CHEUNG LAM AND ANOTHER

Citation

[2024] HKDC 2068
Court

District Court
Case number

DCCJ4546/2019

Leave to apply out of time to vary the costs order nisi was refused because the delay resulted from the 1st defendant's and/or its lawyers' failure to follow procedural directions and no good reason excused the delay; on the merits each proposed variation was unjustified: Proposed Order (1) was unreasonable because the 2nd defendant was nominal and merely acted as a witness; Proposed Order (2) was refused because the Judgment's set-off between related claims and the counterclaim was reasonable; Proposed Order (3) was refused because District Court scale and the 40% apportionment previously or…
13 Jul 2006

GOAL SETTING CONSULTING CO LTD v. UNIGRAPHICS SOLUTIONS ASIA/PACIFIC INCORPORATED

Citation

GOAL SETTING CONSULTING CO LTD v. UNIGRAPHICS SOLUTIONS ASIA/PACIFIC INCORPORATED
Court

Court of First Instance
Case number

HCA994/2003

Material change of circumstances existed because the defendant abandoned its counterclaim, removing the reason for the initial refusal; therefore court had jurisdiction and in the exercise of its wide discretion it was just to order security for future costs only in the sum of HK$735,164 and to stay further proceedings until security provided.
28 Jun 2002

ARMA FAR EAST LTD. v. UNI FIT GARMENT FACTORY LTD.

Citation

ARMA FAR EAST LTD. v. UNI FIT GARMENT FACTORY LTD.
Court

Court of First Instance
Case number

HCA13201/1998

The judge found the plaintiff's witnesses and contemporaneous documents credible and authoritative, rejected the defendant's witnesses and expert as unreliable, concluded the plaintiff was the contracting seller, held the defendant had accepted the delivered goods under s.37, and dismissed the counterclaim (abandoned after failure to cross-examine), thus entering final judgment for the plaintiff for US$75,663.50 with agreed interest.
17 Jan 1986

NG KING t/a HUNTER GARMENT COMPANY v. SY CHEUNG SHUN t/a MAN KEUNG PIECE GOODS AND FASHION COMPANY

Citation

NG KING t/a HUNTER GARMENT COMPANY v. SY CHEUNG SHUN t/a MAN KEUNG PIECE GOODS AND FASHION COMPANY
Court

Court of First Instance
Case number

HCA2937/1985

Defendant failed to prove the alleged oral agreement to reduce the unit price; documentary evidence (signed invoices) and witness contradictions made the defendant's case not credible; consequently the plaintiff proved entitlement to the outstanding balance and judgment was entered for that balance with interest and costs.

Hong Kong Case Law

CHEUNG KWAN HO v. MAN CHEUNG LAM AND ANOTHER

GOAL SETTING CONSULTING CO LTD v. UNIGRAPHICS SOLUTIONS ASIA/PACIFIC INCORPORATED

ARMA FAR EAST LTD. v. UNI FIT GARMENT FACTORY LTD.

NG KING t/a HUNTER GARMENT COMPANY v. SY CHEUNG SHUN t/a MAN KEUNG PIECE GOODS AND FASHION COMPANY