Hong Kong Case Law: Decisions & Judgments

Topic

Finality of judgment

Legal area

Court

21 Nov 2024

KONG LAI WAN 及另一人對 HO SHUI LUNG

Citation

[2024] HKDC 1969
Court

District Court
Case number

DCCJ482/2019

Permission to appeal refused because the defendant's grounds either sought to relitigate liability already finally determined by the 2019 non‑trial judgment or lacked fresh admissible evidence and therefore had no reasonable prospect of success; the defendant also failed to justify varying the interim costs order because service was found to be proper and no exceptional reason to depart from ordinary costs principle was shown.
30 Jan 2024

DOAN TRUNG KIEN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2024] HKCFI 279
Court

Court of First Instance
Case number

HCAL1349/2021

The application for extension of time was refused because the applicant failed to advance any fresh grounds or factual basis to justify a second leave application, the appropriate remedy was an appeal of the prior refusal and time to appeal had lapsed, and making a fresh substantially similar application in those circumstances constituted an abuse of process.
11 Jul 2023

有關謝松發的事宜

Citation

[2023] HKCA 838
Court

Court of Appeal
Case number

CACV565/2021

The applicant failed to advance any reasonable or responsive grounds for appeal and the proposed appeal did not raise any question of great general or public importance; accordingly leave to appeal to the Court of Final Appeal was refused and the motion revoked.
26 Jan 2023

LEUNG, KA LAM 對 NGAI, CHI MING JAMES

Citation

[2023] HKDC 12
Court

District Court
Case number

DCCJ3354/2018

The court dismissed the first summons because it was an improper attempt to reopen and review the substantive judgment via a costs-variation application; the court refused to consider new evidence filed after trial because no permission was sought and no explanation given; the court refused leave to appeal under s63A(2) because the applicant failed to identify any error in the judgment or show a reasonable prospect of success or other grounds in the interests of justice; the interim costs order was therefore made absolute and costs were awarded to the respondent (HK$1,000).
17 Nov 2022

WONG YUK TUNG v. WONG PO LING (also known as WONG PO LING CLARA) AND ANOTHER

Citation

[2022] HKCA 1699
Court

Court of Appeal
Case number

CACV296/2022

The 1st defendant had no right to appeal the 2016 Judgment or the 2018 Order because her applications for extension of time had been dismissed; the Notice of Appeal's grounds sought to overturn those adjudicated matters and were therefore incompetent and plainly incapable of argument, so the entire Notice of Appeal was struck out.
18 Jun 2021

PERFECT HORIZON LTD v. CO SAM AND OTHERS

Citation

[2021] HKLdT 46
Court

Lands Tribunal
Case number

LDCS23000/2018

The tribunal lacked jurisdiction to re-open or vary the final costs orders made in the judgment absent exceptional circumstances; the failed auction was a post-litigation event that did not justify awarding indemnity costs against the applicant; the respondents' letter application was procedurally improper and devoid of merit, therefore the respondents' claim for indemnity costs is dismissed and the tribunal assessed and ordered specific costs accordingly.
9 Oct 2020

張超翰對韓欣陶

Citation

[2020] HKCA 804
Court

Court of Appeal
Case number

CAMP63/2018

The defendant failed to identify any post‑judgment event capable of invalidating the orders; DCCJ 3936/2012 had been finally disposed of under s63B of the District Court Ordinance so no live proceedings justified a stay; no special circumstances existed to warrant exercise of inherent jurisdiction to stay execution; accordingly the summons dated 17 July 2020 seeking a stay was dismissed and costs awarded to the plaintiff.
14 Nov 2018

LEUNG CHUNG LAN LORRAINE v. HANG SENG BANK LTD

Citation

[2018] HKCFI 2514
Court

Court of First Instance
Case number

HCA428/2018

The appeal fails because the plaintiff's claim concerned the same subject-matter that had already been adjudicated by the Small Claims Tribunal and leave to appeal was refused, thereby barring a fresh claim; accordingly the Master's order striking out the claim and dismissing the summons was correct and the plaintiff must pay the defendant's costs.
5 Oct 2018

WANG QIAN WEI v. 郭文雨 AND ANOTHER

Citation

[2018] HKCFI 2253
Court

Court of First Instance
Case number

HCMP2700/2017

The court held that (1) the plaintiff as assignee is a judgment creditor within the Ordinance and may rely on the choice of Mainland court clause confirmed in the 2nd Agreement and the Judgment; (2) on proper construction applying Hong Kong law in absence of PRC law evidence Clause 8 confers exclusive jurisdiction on the People's Court in Xiamen; and (3) the Mainland judgment is final and conclusive under s6(1)(b)(ii) having passed the appeal period and following dismissal of the retrial, therefore the originating summons to register the Mainland judgment succeeds.
10 Aug 2018

陳銳珍對地政總署署長

Citation

[2018] HKCA 493
Court

Court of Appeal
Case number

CAMP5/2018

The 26 April 2018 refusal of leave was a final decision under the statutory provisions; Order 59 rule 2C applies only to single-judge decisions and is inapplicable; the applicants' 13 June applications were an abuse of process and are dismissed; applicants are ordered to pay the respondent's costs and the registry is empowered to cancel further subpoenas to prevent repetitive vexatious filings.