Hong Kong Case Law: Decisions & Judgments

Topic

Good reason test

Legal area

Court

22 Dec 2016

CHAN KA KUI v. GLOBAL STEVEDORING SERVICE CO LTD AND OTHERS

Citation

CHAN KA KUI v. GLOBAL STEVEDORING SERVICE CO LTD AND OTHERS
Court

District Court
Case number

DCPI2712/2014

The Master\u2019s order was discharged because the ex parte affidavit failed to disclose material facts, notably that the primary three-year limitation period had already expired; additionally the plaintiff did not establish good reason to extend the writ since the failure to serve was a deliberate choice to await legal aid re-assignment and advice when service within the original period was practicable; therefore the discretion to extend was not engaged and relief must be refused.
5 Jun 2007

CHAN KWAI HA v. WONG CHICK BUN t/a SANG MING SING MOTORBOAT CO

Citation

CHAN KWAI HA v. WONG CHICK BUN t/a SANG MING SING MOTORBOAT CO
Court

Court of First Instance
Case number

HCAJ85/2005

Section 7 of the Ordinance applies to non-contact navigational faults; the plaintiff failed to demonstrate good reason to extend the statutory two-year limitation; accordingly the claim was time-barred and must be dismissed.
10 Jul 1996

CHOW CHING MAN AND OTHERS v. SUN WAH ORNAMENT MANUFACTORY LTD AND OTHERS

Citation

CHOW CHING MAN AND OTHERS v. SUN WAH ORNAMENT MANUFACTORY LTD AND OTHERS
Court

Court of Appeal
Case number

CACV212/1995

Where failure to serve a writ within its validity period is deliberate, no discretion to extend arises unless the plaintiff shows a reason capable of amounting to a 'good reason' under O.6 r.8(2); the plaintiffs' choice to delay service so the writ could be accompanied by the statement of claim and special damages did not amount to such a good reason, so the extension was rightly discharged and the appeals must be dismissed.
10 Jul 1996

CHOW CHING MAN AND OTHERS v. SUN WAH ORNAMENT MANUFACTORY LTD AND OTHERS

Citation

CHOW CHING MAN AND OTHERS v. SUN WAH ORNAMENT MANUFACTORY LTD AND OTHERS
Court

Court of Appeal
Case number

CACV207/1995

Where failure to serve within the writ's validity is a deliberate choice, the court will only have discretion to extend if that choice was made for a reason capable of amounting to 'good reason'; serving the writ together with the statement of claim for case-management or cost reasons did not constitute such a good reason here, so no discretion arose and the appeals were dismissed.
26 Sept 1995

CHOW CHING MAN AND SEVEN OTHERS v. SUN WAH ORNAMENT MANUFACTORY LTD. AND EIGHTEEN OTHERS

Citation

CHOW CHING MAN AND SEVEN OTHERS v. SUN WAH ORNAMENT MANUFACTORY LTD. AND EIGHTEEN OTHERS
Court

Court of First Instance
Case number

HCA9616/1993

There was no good reason for the Master to grant the 12‑month renewal because the plaintiffs failed to disclose timing evidence showing they could not have validly served the writ within its original period; consequently the renewal was discharged and the service set aside.

Hong Kong Case Law

CHAN KA KUI v. GLOBAL STEVEDORING SERVICE CO LTD AND OTHERS

CHAN KWAI HA v. WONG CHICK BUN t/a SANG MING SING MOTORBOAT CO

CHOW CHING MAN AND OTHERS v. SUN WAH ORNAMENT MANUFACTORY LTD AND OTHERS

CHOW CHING MAN AND OTHERS v. SUN WAH ORNAMENT MANUFACTORY LTD AND OTHERS

CHOW CHING MAN AND SEVEN OTHERS v. SUN WAH ORNAMENT MANUFACTORY LTD. AND EIGHTEEN OTHERS