Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Limitation acknowledgment
  • 17 Nov 1999

    MAK YIU v. CHINACHEM REALTY LTD.

    Citation
    MAK YIU v. CHINACHEM REALTY LTD.
    Court
    Court of First Instance
    Case number
    HCA10335/1998

    The court held that while paragraphs 2 and 3 were imperfect they were not plainly and obviously disclosing no cause of action; however, evidence adduced established a real and potentially fatal pre-incorporation point that made the claim against the present Defendant prima facie untenable; accordingly the Amended Statement of Claim was struck out under Order 18 r 19 and the Court's inherent jurisdiction but the Plaintiff was granted leave to serve a Re-amended Statement of Claim within 28 days to cure or reframe the claim; costs of the application were reserved as no order (costs nisi) becaus…