Hong Kong Case Law: Decisions & Judgments

Topic

Order 12 rule 8a

Legal area

Court

23 Mar 2018

CHINA MEDICAL TECHNOLOGIES, INC. (in liquidation) v. KPMG (a firm)

Citation

[2018] HKCFI 655
Court

Court of First Instance
Case number

HCA2276/2016

The defendant seeking early service under Order 12 rule 8A bears the burden of proving that it would be unjust to allow the protective writs to run their natural expiry; that threshold is high and was not met because (1) service is not necessary to obtain letters of request, (2) the Mutual Arrangement is unlikely to produce the full scope of documents or meet the Liquidators’ investigatory purposes, (3) KPMG failed to show a good prospect of obtaining and enforcing letters of request, and (4) KPMG substantially caused delay by obstructing compliance with section 221 orders; accordingly the ap…
23 Mar 2018

CHINA MEDICAL TECHNOLOGIES, INC. (in liquidation) v. KPMG (a firm)

Citation

[2018] HKCFI 655
Court

Court of First Instance
Case number

HCA1138/2014

KPMG failed to discharge the heavy burden under Order 12 r8A of proving it would be unjust to allow the protective writs to remain valid until expiry; the MOF opinion did not establish that a letter of request was necessary or that voluntary production was unlawful; the Mutual Arrangement was unlikely to achieve the broader investigatory aims of the section 221 orders; KPMG largely caused the delay by non-compliance with section 221 orders, so its application was dismissed with costs to the plaintiff.
25 Apr 2016

ALL CHEER INDUSTRIAL LTD v. CITY TARGET LTD AND ANOTHER

Citation

ALL CHEER INDUSTRIAL LTD v. CITY TARGET LTD AND ANOTHER
Court

District Court
Case number

DCCJ5308/2015

The court dismissed the action under Order 12 rule 8A because the plaintiff failed to serve the writ within the 14-day period after proper notice; the separate strike-out application became unnecessary once dismissal under Order 12 rule 8A was granted; the 1st defendant was entitled to costs, which the court assessed and awarded accordingly.
6 Aug 1999

WONG KIM FUNG AND ANOTHER v. WONG KWING TUNG

Citation

WONG KIM FUNG AND ANOTHER v. WONG KWING TUNG
Court

Court of First Instance
Case number

HCPI454/1997

The writ was not served within its 12 month validity; sending a copy to the insurer did not constitute service; the purported acknowledgement was shown to originate from the copy and therefore there was no deeming of service; plaintiffs failed to show good reason for non-service, so the master was correct to dismiss and the appeal must be dismissed with costs.

Hong Kong Case Law

CHINA MEDICAL TECHNOLOGIES, INC. (in liquidation) v. KPMG (a firm)

CHINA MEDICAL TECHNOLOGIES, INC. (in liquidation) v. KPMG (a firm)

ALL CHEER INDUSTRIAL LTD v. CITY TARGET LTD AND ANOTHER

WONG KIM FUNG AND ANOTHER v. WONG KWING TUNG