Hong Kong Case Law: Decisions & Judgments

Topic

Declaratory judgment

Legal area

Court

30 Apr 2018

WONG WAI MAN v. CHEUNG PAK HING AND ANOTHER

Citation

[2018] HKDC 461
Court

District Court
Case number

DCCJ1744/2017

Default judgment was refused and D2 was granted leave to file its Defence out of time because P's and D1's pleaded cases raised a common all-or-nothing factual issue covering the entire disputed area such that it would be unjust to determine D2's liability without trial; the Decurion balancing exercise favored adjudication on the merits over procedural penalty where prejudice to P was compensable and prejudice to D2 could not be cured by costs, subject to strict timetabling and costs consequences for D2's delay.
25 Aug 2017

CHAN PUI LOK DANIEL v. The Personal Representatives of LEUNG SHU MING AND OTHERS

Citation

CHAN PUI LOK DANIEL v. The Personal Representatives of LEUNG SHU MING AND OTHERS
Court

Court of First Instance
Case number

HCA2400/2015

The court will exercise its discretion to refuse to grant a declaratory judgment or default judgment without ensuring proper service and the defendant's knowledge; declaratory relief in default is exceptional and requires proof of proper service or a compelling need for the relief, failure of which will preclude granting the declaration without trial or evidence.
11 Apr 2017

CHEUNG KWAN YIN AND ANOTHER v. CHAN YUK KUEN

Citation

CHEUNG KWAN YIN AND ANOTHER v. CHAN YUK KUEN
Court

District Court
Case number

DCCJ1489/2016

On the pleadings alone the plaintiffs established continuous factual possession and intention to possess Lot No 1609 for the required period and service of proceedings on the defendant was effective; accordingly the court in exercise of its discretion and pursuant to default judgment procedures granted declaratory relief that plaintiffs acquired possessory title and that the defendant's title was extinguished under section 17 of the Limitation Ordinance.
4 Nov 2016

TANG CHI YUEN v. 陳金洪 transliterated as CHAN KAM HUNG AND OTHERS

Citation

TANG CHI YUEN v. 陳金洪 transliterated as CHAN KAM HUNG AND OTHERS
Court

District Court
Case number

DCCJ674/2016

Leave to appeal was refused on Grounds 1–4 for lacking a reasonable prospect of success; leave was granted only on Ground 5 because the Decision contained an inconsistent pair of orders and there was no stated reason for departing from the usual costs-in-the-cause order when unconditional leave to defend was granted.
21 Aug 1985

SHING SHU WING v. SHING KAM CHUEN

Citation

SHING SHU WING v. SHING KAM CHUEN
Court

Court of First Instance
Case number

HCA79/1984

The Master's exercise of discretion was correct: the defendant had conceded facts establishing the plaintiff's beneficial interest and the defendant's trustee duties, the declarations were necessary for an interlocutory account, and there was no foreseeable risk of injustice; therefore the interlocutory declaratory judgments and orders for account were properly made and the appeal must be dismissed.
1 Jun 1968

REDIFFUSION (HONG KONG) LTD v. SIR DAVID C.C. TRENCH K.C.M.G., M.C. M.D.I. GASS, C.M.G., J.P. D.T.E. ROBERTS, O.B.E., Q.C., J.P. FOR AND ON BEHALF OF THEMSELVES AND ALL OTHER MEMBERS OF THE LEGISLATIVE COUNCIL OF HONG KONG AND ANOTHER

Citation

REDIFFUSION (HONG KONG) LTD v. SIR DAVID C.C. TRENCH K.C.M.G., M.C. M.D.I. GASS, C.M.G., J.P. D.T.E. ROBERTS, O.B.E., Q.C., J.P. FOR AND ON BEHALF OF THEMSELVES AND ALL OTHER MEMBERS OF THE LEGISLATIVE COUNCIL OF HONG KONG AND ANOTHER
Court

Court of First Instance
Case number

HCA507/1968

The court held that it has jurisdiction to entertain a claim for declaratory relief and injunctions challenging proposed legislation of a non-sovereign legislature; refusal to set aside the writ was justified because the question of hypothetical future rights is a matter for judicial discretion rather than a jurisdictional bar and the court will decide whether to exercise that discretion on the merits rather than strike out the proceedings at summons stage.

Hong Kong Case Law

WONG WAI MAN v. CHEUNG PAK HING AND ANOTHER

CHAN PUI LOK DANIEL v. The Personal Representatives of LEUNG SHU MING AND OTHERS

CHEUNG KWAN YIN AND ANOTHER v. CHAN YUK KUEN

TANG CHI YUEN v. 陳金洪 transliterated as CHAN KAM HUNG AND OTHERS

SHING SHU WING v. SHING KAM CHUEN

REDIFFUSION (HONG KONG) LTD v. SIR DAVID C.C. TRENCH K.C.M.G., M.C. M.D.I. GASS, C.M.G., J.P. D.T.E. ROBERTS, O.B.E., Q.C., J.P. FOR AND ON BEHALF OF THEMSELVES AND ALL OTHER MEMBERS OF THE LEGISLATIVE COUNCIL OF HONG KONG AND ANOTHER