Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Order 11 r.1

Legal area

Court

8 Jul 2024

MAJOR VANTAGE LTD v. JUSTIN ONOFRIETTI AND ANOTHER

Citation

[2024] HKCFI 1612
Court

Court of First Instance
Case number

HCA647/2023

The court held that plaintiff had established a good arguable case that the tort of fraudulent misrepresentation fell within Order 11 r.1(1)(f) because the representation induced payment from a Hong Kong account and damage was sustained in Hong Kong; there were serious issues to be tried on the merits; Hong Kong was clearly the appropriate forum on the connecting factors; there was no material non-disclosure in the ex parte application; accordingly the Concurrent Writ Order as against the 1st Defendant was properly made and the appeal was dismissed.
15 Nov 2011

CHAN LAP SHUN v. CHENG SHING AND ANOTHER

Citation

CHAN LAP SHUN v. CHENG SHING AND ANOTHER
Court

District Court
Case number

DCCJ4449/2009

The plaintiff failed to show good reason and a satisfactory explanation to renew an expired writ or to cure the procedural irregularity under Order 2 r.1 because he relied on unverified subjective belief of service despite available indications the defendant was in the PRC and available searches would have revealed this; renewal would deprive the defendant of a limitation defence; therefore the summons to extend/renew the writ is dismissed and Order 2 r.1 cannot be used to circumvent the requirements of Order 6 r.8 in these circumstances.