Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Limitation periods (cap 347)

  • 21 Sept 2018

    LAM SAI WAN v. MINLOY LTD

    Citation
    [2018] HKCFI 2150
    Court
    Court of First Instance
    Case number
    HCA31/2014

    The application to vary the order nisi was refused because the amendments did not change the essential temporal basis of the adverse possession claim nor cause wasted costs, the Master had considered and awarded costs on the amendment application which was not appealed, and there was no proper basis to adjust that costs award; accordingly costs of the application were awarded to the plaintiff.

  • 30 Sept 2013

    HO SIN YING v. CHAN YUI LING AND ANOTHER

    Citation
    HO SIN YING v. CHAN YUI LING AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA1531/2012

    The 2012 consent order undertaking not to commence "another action based on the same cause of action" must be construed in its factual background and was intended to prevent the plaintiff from pursuing further actions arising from the same factual matrix; the present action, though couched in different causes of action, arises from the same facts and is caught by the undertaking and thus constitutes an abuse of process. Independently, the pleaded causes are defective and, insofar as they allege breaches occurring before the deceased's death, are time-barred under Cap 347. Leave to re-amend wa…