Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Irregularity vs nullity

Legal area

Court

8 May 2018

LACHLAN JAMES CHRISTIE v. HONG LOK YUEN INTERNATIONAL SCHOOL ASSOCIATION LTD

Citation

[2018] HKDC 489
Court

District Court
Case number

DCCJ5517/2017

Breach of Order 5A Rule 2(2) in the circumstances did not render the Defence a nullity; the breach constituted an irregularity capable of being cured under Order 2 Rule 1(1) given evidence of board authorization and absence of injustice, and leave to amend the Defence was granted.
12 Mar 1982

K. YU SEIN TRADING CO LTD AND ANOTHER v. SURATWALA RUBIN TALAKCHAND

Citation

K. YU SEIN TRADING CO LTD AND ANOTHER v. SURATWALA RUBIN TALAKCHAND
Court

Court of Appeal
Case number

CACV146/1981

The June 25, 1981 order was at most an irregularity under Order 2 Rule 1 and not a nullity; the Court could treat the order as a valid working-out of the pre-judgment attachment to permit execution or seizure of the defendant's goods; ex parte procedure for such execution orders was proper; the Defendant was not an accomplice in respect of the appellants' failure to deliver up the goods and his evidence could be relied upon; the judge applied the appropriate high standard of proof and the appeal was dismissed.