Hong Kong Case Law: Decisions & Judgments

Topic

Delay in delivery of judgment

Legal area

Court

22 Oct 2018

SIT SAU MING v. LEUNG MAY CHUN ALISON ALIANCE formerly known as SHAM MAY CHUN

Citation

[2018] HKDC 1150
Court

District Court
Case number

DCCJ4453/2008

Leave to appeal refused on grounds 1–13 because they were essentially credibility and factual challenges lacking a reasonable prospect of success; leave to appeal granted on ground 14 because the 12‑month delay in delivering judgment could have produced omissions or errors making the judgment unsafe and therefore merits appellate scrutiny.
14 Mar 2013

WELLTUS LTD v. FORNTON KNITTING CO LTD

Citation

WELLTUS LTD v. FORNTON KNITTING CO LTD
Court

Court of Appeal
Case number

CACV268/2011

The appeal was allowed in part because the trial judge failed to address a critical pleaded issue of acceptance of delivered goods and did not give adequate reasons on key credibility and expert-evidence disputes; the counterclaim contained errors in quantification and lacked sufficient reasoned analysis; accordingly the trial judgment was set aside, partial judgment for Plaintiff for $33,981.26 was entered by concession, and the balance of claims and the Defendant's counterclaim were remitted for retrial before another judge.
30 Mar 2007

MAK KANG HOI v. HO YUK WAH DAVID

Citation

MAK KANG HOI v. HO YUK WAH DAVID
Court

Court of Final Appeal
Case number

FACV20/2006

The Court held that the payments were conditional on the listing of GBRE and that an implied term requiring listing within a reasonable time (expired by end of 1997) was necessary to give the agreement business efficacy; because listing did not occur there was a total failure of consideration and the defendant was obliged to repay the outstanding sum; the 30-month delay did not render the Recorder's carefully reasoned findings unsafe and did not justify overturning the judgment.

Hong Kong Case Law

SIT SAU MING v. LEUNG MAY CHUN ALISON ALIANCE formerly known as SHAM MAY CHUN

WELLTUS LTD v. FORNTON KNITTING CO LTD

MAK KANG HOI v. HO YUK WAH DAVID