Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Ex parte order

  • 27 Jul 2021

    LAI KING NGOK v. LAI KIN LIM

    Citation
    [2021] HKDC 911
    Court
    District Court
    Case number
    DCCJ181/2021

    The injunction dated 19/02/2021 was an ex parte and, in form, a final order made without giving Defendant notice; there are substantive triable issues (whether No.103 is within the government tenancy and whether a sale/nomination for HK$200,000 occurred creating proprietary estoppel), and material non-disclosure by Plaintiff; accordingly the ex parte injunction must be set aside under Order 32 r6 and no interlocutory or final injunction should have been granted; costs awarded to Defendant.

  • 26 Nov 2013

    FALCON PRIVATE BANK LTD v. BORRY BERNARD EDOUARD CHARLES LTD AND ANOTHER

    Citation
    FALCON PRIVATE BANK LTD v. BORRY BERNARD EDOUARD CHARLES LTD AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMP241/2012

    Both leave applications were dismissed because the substituted grounds lacked any reasonable prospect of success: the 1st Unless Order was valid and, in any event, the defendants no longer had outstanding obligations making any appeal academic; the claimed appearance of bias in respect of the 2nd Unless Order could not be established because the hearing transcript showed no appearance of bias at the time the order was made and subsequent reasons cannot be used retrospectively to impeach an earlier order. Costs were ordered against the defendants, with indemnity costs for HCMP 241/2012.

  • 15 Apr 2011

    CHAN YIU FAI JACKY v. CHEESE PIZZA ASIA LTD t/a CHEESE PIZZA

    Citation
    CHAN YIU FAI JACKY v. CHEESE PIZZA ASIA LTD t/a CHEESE PIZZA
    Court
    District Court
    Case number
    DCEC1443/2010

    The sealed ex parte order dated 17 January 2011 was set aside because it was served after the specified compliance deadlines had already expired, making compliance impossible; accordingly the court set aside that order, varied the earlier order as stated and awarded incidental costs to the Respondent to be paid by the Applicant.