Hong Kong Case Law: Decisions & Judgments

Topic

Notice to act in person

Legal area

Court

30 Jul 2024

C, KT v. G, T

Citation

[2024] HKFC 152
Court

Family Court
Case number

FCMC16278/2018

Application for leave to appeal was dismissed because the applicant displayed excessive and unjustified delay, failed to comply with procedural requirements, had no reasonable prospect of success given prior findings that service at the 8C address was proper (confirmed by Master Mak and DDJ G Lam), and the conduct amounted to an abuse of process; costs were awarded to the respondent on an indemnity basis and a Costs Order Nisi ordered to be made absolute in 14 days.
31 Mar 2022

NG SEW HOI AND ANOTHER v. CHONG YIN SING AND ANOTHER

Citation

[2022] HKCFI 910
Court

Court of First Instance
Case number

HCA15070/1998

On the facts — P2 is ordinarily resident in Singapore, has no Hong Kong service address, has used and successfully received communications at the provided email address, and initiating processes have been served — the court exercised its discretion to waive strict compliance with the requirement to provide a Hong Kong address for a notice to act in person; it ordered substituted service of future documents by the provided email address (and fax/email acceptable) and deemed such service good service, refused to strike out P2's Reply and Defence to D1's Counterclaim, and discharged the Unless O…
24 Jun 2021

ERNEST CHONG KIAN v. CHONG YIN SING AND ANOTHER

Citation

[2021] HKCFI 1831
Court

Court of First Instance
Case number

HCA15070/1998

The court determined that the substantive issue whether a notice to act in person containing a foreign address is acceptable must be determined at a substantive hearing; in the interim the court set directions for submissions and hearing, expressed a preliminary view that a Hong Kong address is required from a litigant who submits to Hong Kong jurisdiction, and refused the ad hoc adjournment request.
6 Sept 2017

SAPLOR AIDA SABIANO, the next friend of SAPLOR AGNES SABIANO v. NATASHA O. USHER

Citation

SAPLOR AIDA SABIANO, the next friend of SAPLOR AGNES SABIANO v. NATASHA O. USHER
Court

District Court
Case number

DCEC1089/2014

The notice to act in person filed by the next friend was invalid because Order 80 rule 2(3) requires a next friend to be represented by solicitors and thus the next friend is not entitled to act in person under Order 62 rule 4; accordingly the notice was set aside and the solicitors on record remain so.
8 Nov 2013

CHAN HOP CHUEN v. RICHDAY GROUP LTD

Citation

CHAN HOP CHUEN v. RICHDAY GROUP LTD
Court

District Court
Case number

DCCJ2773/2013

The court set aside the notice to act in person because the notice disclosed an address outside Hong Kong and therefore failed to provide the local address for service required in purpose and effect by Order 12 Rules 3 and 4 read with Order 67 Rule 4, following authority in Dianor International Limited and Crestknit.

Hong Kong Case Law

C, KT v. G, T

NG SEW HOI AND ANOTHER v. CHONG YIN SING AND ANOTHER

ERNEST CHONG KIAN v. CHONG YIN SING AND ANOTHER

SAPLOR AIDA SABIANO, the next friend of SAPLOR AGNES SABIANO v. NATASHA O. USHER

CHAN HOP CHUEN v. RICHDAY GROUP LTD