Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Notice of determination

  • 2 Apr 2008

    TIN SHUI WAI DEVELOPMENT LTD v. LI KWONG LING AND ANOTHER

    Citation
    TIN SHUI WAI DEVELOPMENT LTD v. LI KWONG LING AND ANOTHER
    Court
    District Court
    Case number
    DCCJ658/2004

    The defence and counterclaim were struck out because the defendants failed to plead facts establishing an implied term, failed to identify or prove any actionable misrepresentation, and had no contractual basis to refuse completion; therefore the defence disclosed no reasonable defence and judgment was entered for the plaintiff for damages to be assessed.

  • 24 Apr 1990

    RE SIT YUK CHEUNG

    Citation
    RE SIT YUK CHEUNG
    Court
    Court of First Instance
    Case number
    HCMP40/1990

    The Tribunal's Notice of Determination was quashed because it failed to state the necessary factual findings (in particular whether either parent reasonably believed the 1981 ceremony was valid at the time of intercourse within s11 Legitimacy Ordinance); private international law principles apply so that legitimacy is governed by the parents' domicile law (and on the evidence Chinese law abolishes illegitimacy), and the matter is remitted to a differently constituted Tribunal to determine parents' domicile at the date of birth and the effect of Chinese law and reasonable belief issues.