Hong Kong Case Law: Decisions & Judgments

Topic

Enforcement of settlement agreement

Legal area

Court

29 Jul 2024

TIGER RESORT ASIA LTD v. KAZUO OKADA

Citation

[2024] HKDC 1242
Court

District Court
Case number

DCCJ1139/2022

The court found the Non‑Party was likely to have the requested documents and those documents were relevant under the Peruvian Guano test; by putting into issue whether the Non‑Party had authority or instructions to make the settlement offer, the Defendant impliedly waived legal professional privilege as to those communications; accordingly disclosure by affidavit and production of the documents sought was ordered, with timing and costs directions.
25 Aug 2023

YANG YIHE v. QIU YUEWEN

Citation

[2023] HKCFI 2166
Court

Court of First Instance
Case number

HCA1238/2019

On the pleaded facts admitted by the defendant's default the plaintiff is entitled to specific performance of the settlement agreement; given the defendant's persistent evasion the court properly exercised its discretion to grant an anticipatory order under O45 r8 to give conduct of sale to the plaintiff's solicitors and to appoint a solicitor under s25A to execute documents, but refused a declaration that the plaintiff holds a proprietary interest in the property.
10 Jun 2015

SCHINDLER LIFTS (HONG KONG) LTD v. NIKKO SERVICES LTD

Citation

SCHINDLER LIFTS (HONG KONG) LTD v. NIKKO SERVICES LTD
Court

District Court
Case number

DCCJ2263/2013

There was no basis to stay the April Order because no review or appeal was pending and the defendant's compliance with the April Order rendered a stay nugatory; the plaintiff succeeded on the striking-out and amendment summonses and is entitled to costs, which should not be taxed on the Small Claims Tribunal scale because the reliefs claimed exceed that tribunal's jurisdiction; accordingly the summons is dismissed and the costs order nisi is confirmed and made absolute (subject to the existing 14-day provision to vary).
20 Jan 2014

SCHINDLER LIFTS(HONG KONG) LTD v. NIKKO SERVICES LTD

Citation

SCHINDLER LIFTS(HONG KONG) LTD v. NIKKO SERVICES LTD
Court

District Court
Case number

DCCJ2263/2013

Leave to appeal was refused because the Plaintiff failed to show reasonable prospects of success: the pleaded term 'subject to the dismissal of HCCW251/10' unambiguously created a pre-condition and the Statement of Claim did not plead whether that pre-condition had been satisfied so the cause of action had not accrued; the court exercised discretion to allow amendment but extended time by 28 days and made an unless order that the Statement of Claim be struck out if the Plaintiff defaults; costs orders were made accordingly and security for costs was declined as unnecessary given protective co…
22 Feb 2001

YUNG SAI CHOI v. CHAN YUK YING

Citation

YUNG SAI CHOI v. CHAN YUK YING
Court

Court of First Instance
Case number

HCA14636/1999

The High Court exercised its discretion to stay the principal action pending the Family Court because the matrimonial proceedings raised overlapping issues of financial provision within the Family Court's broader discretionary jurisdiction; further, the Defendant's pleaded defence and counterclaim disclosed triable issues so the Plaintiff's applications for striking out and summary judgment failed and the three interlocutory summonses were dismissed.

Hong Kong Case Law

TIGER RESORT ASIA LTD v. KAZUO OKADA

YANG YIHE v. QIU YUEWEN

SCHINDLER LIFTS (HONG KONG) LTD v. NIKKO SERVICES LTD

SCHINDLER LIFTS(HONG KONG) LTD v. NIKKO SERVICES LTD

YUNG SAI CHOI v. CHAN YUK YING