Hong Kong Case Law: Decisions & Judgments

Topic

Limitation ordinance s.27 and s.30

Legal area

Court

22 Jan 2010

LU GUO XIANG v. HONG KONG MING WAH SHIPPING CO LTD

Citation

LU GUO XIANG v. HONG KONG MING WAH SHIPPING CO LTD
Court

Court of First Instance
Case number

HCMP53/2010

The court held that although Yam J was justified in wanting an early disposal, the bringing-forward of the quantum hearing to 18–22 January 2010 on the short notice given created unacceptable prejudice and uncertainty given the complexity of the hearing and witness availability; accordingly leave to appeal against the 12 January 2010 order was granted and the order was set aside while the separate 10 December 2009 challenge to Yam J's reservation of the quantum hearing was dismissed for lack of merit. The controlling principle is that active case management must be balanced with fairness and…
28 Jan 1994

LEUNG CHAK TUNG v. PUN KWOK PAN t/a KWOK PAN DECORATION CO.

Citation

LEUNG CHAK TUNG v. PUN KWOK PAN t/a KWOK PAN DECORATION CO.
Court

Court of First Instance
Case number

HCA126/1991

On the balance of probabilities the plaintiff did not know the Third Defendant was his employer until specific discovery on 7 August 1990, and the Third Defendant's conduct in causing a misleading Form 2 materially caused the delay; balancing prejudice under s.30 favoured the plaintiff, so the time-bar was disapplied and the action against the Third Defendant is not statute-barred.
28 Jan 1994

LEUNG CHAK TUNG v. EAST JOINT LTD. and Another

Citation

LEUNG CHAK TUNG v. EAST JOINT LTD. and Another
Court

Court of First Instance
Case number

HCA6405/1989

On the balance of probabilities the plaintiff did not acquire knowledge that the Third Defendant was his employer until specific discovery on 7 August 1990; alternatively, even if knowledge occurred earlier, the Third Defendant's conduct in causing misleading Form 2 and failing to insure properly produced the delay and the balance of prejudice under s.30 favors disapplying the limitation period; accordingly the action against the Third Defendant is not time-barred.

Hong Kong Case Law

LU GUO XIANG v. HONG KONG MING WAH SHIPPING CO LTD

LEUNG CHAK TUNG v. PUN KWOK PAN t/a KWOK PAN DECORATION CO.

LEUNG CHAK TUNG v. EAST JOINT LTD. and Another