Hong Kong Case Law: Decisions & Judgments

Topic

Order 14 procedure

Legal area

Court

20 Oct 2015

AUSYEAR LTD v. FONG WING SENG

Citation

AUSYEAR LTD v. FONG WING SENG
Court

Court of First Instance
Case number

HCA2534/2005

The court refused to vary the earlier summary assessment of costs because the assessment had taken into account both the defendant's and the plaintiff's conduct and no new matter was shown to warrant adjustment; the application to stay execution was not properly advanced and was dismissed; costs of the summons were awarded to the 2nd defendant and fixed at $15,000.
8 Jun 1999

CEF NEW ASIA CO. LTD. v. WONG KWONG YIU, JOHN

Citation

CEF NEW ASIA CO. LTD. v. WONG KWONG YIU, JOHN
Court

Court of Appeal
Case number

CACV77/1999

The Court held that Hong Kong courts may recognise and enforce Taiwan court judgments concerning private rights under the established common law exception (Carl Zeiss/Hesperides) and that such recognition of a Taiwan money judgment was not contrary to public policy or inimical to sovereign rights; therefore the defendant had no arguable defence and summary judgment was properly entered.
12 Nov 1985

DINERS CLUB INTERNATIONAL (HK) LTD v. FERDINAND ROBERT

Citation

DINERS CLUB INTERNATIONAL (HK) LTD v. FERDINAND ROBERT
Court

Court of First Instance
Case number

HCA3001/1985

The appeals were allowed because the Masters' refusal based on an administrative registry policy was not a proper exercise of discretion; a plaintiff who has obtained lawful default judgment in the High Court is entitled to apply for oral examination under Order 49B(1)(i) to enforce the judgment, and the discretion should be exercised in favor of permitting such enforcement absent cogent reasons not to do so; technical issues about mixed claims were left open for full argument.
28 Jun 1983

CBG FINANCIAL INVESTMENTS LTD (in liquidation) v. CHEUNG LONG CHUNG

Citation

CBG FINANCIAL INVESTMENTS LTD (in liquidation) v. CHEUNG LONG CHUNG
Court

Court of First Instance
Case number

HCA4673/1983

The court held that the defendant's three payments-in were absorbed into the company's accounts and ceased to retain a separate identity; the defendant failed to particularise or prove authority to withdraw the $500,000; no proper basis for set-off existed; consequently no bona fide triable issue was raised and the appeal must be dismissed.

Hong Kong Case Law

AUSYEAR LTD v. FONG WING SENG

CEF NEW ASIA CO. LTD. v. WONG KWONG YIU, JOHN

DINERS CLUB INTERNATIONAL (HK) LTD v. FERDINAND ROBERT

CBG FINANCIAL INVESTMENTS LTD (in liquidation) v. CHEUNG LONG CHUNG