Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Jurisdiction to entertain original applications
  • 24 Dec 2012

    TCWF v. LKKS

    Citation
    TCWF v. LKKS
    Court
    Court of Appeal
    Case number
    CACV166/2012

    The Court of Appeal does not have jurisdiction to entertain the Petitioner's substantive original application for leave to disclose documents for enforcement abroad because the application is not incidental to the hearing, determination or enforcement of the appeal under s13(4); such enforcement-step applications should be made in the court of original jurisdiction. Accordingly the Petitioner's summons was dismissed.

    • Disclosure
    • Hadkinson order
    • Open court principle
    • Jurisdiction to entertain original applications
    • Implied undertaking as to documents
    • Strike out/expunge affidavits