Hong Kong Case Law: Decisions & Judgments

Topic

Enforcement of orders

Legal area

Court

31 May 2024

LEE LAM WAI v. WAN SIU WAN CARRY

Citation

[2024] HKDC 855
Court

District Court
Case number

DCCJ6897/2019

Defendant plainly failed to comply with the mandatory completion order and actively refused performance (occupied property and supported third‑party writs); her belated, unsworn and implausible allegations could not reopen or set aside the prior order; accordingly it was just to dissolve the specific performance order, terminate the contract and award damages in lieu together with return of deposit and declaration of purchaser's lien.
20 Mar 2024

CSF v. HYC

Citation

[2024] HKFC 46
Court

Family Court
Case number

FCMC12661/2014

The Mother failed to demonstrate a reasonable prospect of success or any other reason in the interests of justice to grant leave: primary discretionary findings (including material non-disclosure and rejected loan agreement) were sound, the backdating claim was properly refused on discretionary grounds and for lack of enforcement steps and credible evidence, post-trial materials were inadmissible and disregarded, the disputed utility item was immaterial given the child's imminent majority, and practical medical/CPI issues did not alter the maintenance decision. Therefore leave to appeal is re…
6 Feb 2024

LAM AR FU PETER v. BUILDING AUTHORITY

Citation

[2024] HKCA 131
Court

Court of Appeal
Case number

CAMP284/2023

The Court refused leave to appeal to the Court of Final Appeal because the applicant's grounds were new or repetitive, not reasonably arguable, did not raise any question of great general or public importance under s 22(1)(b), and the recusal application lacked a valid basis; accordingly the Notice of Motion was dismissed and costs of HK$9,506 awarded to the Putative Interested Party on summary assessment.
26 Sept 2022

FKYP v. KHYF

Citation

[2022] HKFC 196
Court

Family Court
Case number

FCMC17515/2013

The Wife's application to postpone sale was dismissed because she failed to demonstrate a new or unexpected change in circumstances or supply expert evidence of a material fall in market value; the court varied the sale order to include practical mechanisms to effect sale where the Wife is uncooperative (appointment of solicitor and single joint expert by the Husband if no agreement, public auction with reserve based on expert estimate, Wife to deliver vacant possession and sign documents or be signed for under s.38A DCO), retained the original division of net proceeds (40% Husband/60% Wife)…
27 Mar 2019

LYMC v. LCW

Citation

[2019] HKFC 78
Court

Family Court
Case number

FCMC13526/2015

The application for leave to appeal out of time was refused because it was misconceived, amounted to requests to verify compliance rather than a challenge to the making of the Order, the draft grounds lacked substance and disclosed no reasonable prospect of success under s63A(2) DCO, and accordingly the respondent's application was dismissed with costs ordered against him to be summarily assessed and paid from the respondent's funds held in court.
18 Feb 2008

QUESTNET LTD v. KURT GEORG ROCCO RINCK AND ANOTHER

Citation

QUESTNET LTD v. KURT GEORG ROCCO RINCK AND ANOTHER
Court

Court of First Instance
Case number

HCA1475/2006

Because the contempt arose from failure to comply with a disclosure order distinct from the summary judgment and the contemnor had not purged his contempt or returned for sentencing, the court exercised its discretion to stay the application to set aside the summary judgment until the contempt was purged, conditionally dismissing the application if he failed to comply within the prescribed period.

Hong Kong Case Law

LEE LAM WAI v. WAN SIU WAN CARRY

CSF v. HYC

LAM AR FU PETER v. BUILDING AUTHORITY

FKYP v. KHYF

LYMC v. LCW

QUESTNET LTD v. KURT GEORG ROCCO RINCK AND ANOTHER