Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Order 113 rules of the district court

Legal area

Court

10 Jul 2025

鄧昇旗 AND ANOTHER v. 身份不詳的佔用人

Citation

[2025] HKDC 1158
Court

District Court
Case number

DCMP6913/2024

The court exercised its discretion to maintain a stay of all five O 113 summary possession proceedings because the Interveners’ substantive claim in HCA 154 directly challenges the plaintiffs’ entitlement to immediate possession and proceeding in the District Court would create duplicity and risk inconsistent determinations; the court ordered joinder of the Interveners and certain occupiers, permitted amendments, dismissed the plaintiffs' appeals and apportioned costs (60% payable by plaintiffs to Interveners, 40% treated as costs in the cause).
29 May 2015

EVER YEAR INTERNATIONAL LTD v. TSUI YIU KWONG

Citation

EVER YEAR INTERNATIONAL LTD v. TSUI YIU KWONG
Court

District Court
Case number

DCMP3379/2014

The court granted retrospective extension of time to 16 February 2015 because the delay was insubstantial, defendant suffered no real prejudice and the appeal had meritorious grounds; on merits the originating summons under Order 113 was appropriate because the defendant's asserted beneficial interest was unsupported and did not disclose substantial determinative factual disputes, so the master's costs order was set aside and replaced with costs in the cause (including hearing before the master); the appeal on costs is to be reheard afresh on that basis.