Hong Kong Case Law: Decisions & Judgments

Topic

Order 14 proceedings

Legal area

Court

18 Jun 2020

DP PROPERTIES LTD v. E CUBE CLUB (TSUEN WAN) LTD (formerly known as PLAY HOUSE (TSUEN WAN) LTD) AND ANOTHER

Citation

[2020] HKCFI 1252
Court

Court of First Instance
Case number

HCA2003/2017

Relief from sanctions was granted and the default judgment set aside because the defendants promptly rectified non-compliance once properly advised, the primary default resulted from their lawyers' failures, and proportionality and administration of justice favored allowing the defendants to litigate subject to protective conditions; as a condition of relief the sums paid into court must remain in court; leave to appeal out of time was refused because the delay (48 days) was substantial, the appellant's prospects were only arguable and the higher threshold for extending time for appeal was no…
2 Mar 2007

TREASURE WISE LTD v. LAM MAN AND OTHERS

Citation

TREASURE WISE LTD v. LAM MAN AND OTHERS
Court

Court of Appeal
Case number

CACV135/2006

Allow appeal; declare that costs of the Order 14 application before the Master and the subsequent Master application for a stay pending the Court of Final Appeal decision are costs in the cause; award the costs of the appeal to the Judge in Chambers to the Plaintiff as unnecessary; make no order as to costs of this Court of Appeal hearing.
2 Oct 2003

HOLIDAY RESORTS (MANAGEMENT) CO LTD v. CHAN MEI LING

Citation

HOLIDAY RESORTS (MANAGEMENT) CO LTD v. CHAN MEI LING
Court

District Court
Case number

DCCJ20096/2001

The defendants must pay the plaintiffs' costs because the payments‑into‑court did not cover the defendants' liabilities across the actions, the defendants declined to pay what was claimed thereby obliging the plaintiffs to litigate, and the plaintiffs succeeded overall including on matters reserved by Judge Lok; therefore costs follow the event and certificates for counsel are appropriate.
2 Oct 2003

HOLIDAY RESORTS (MANAGEMENT) CO LTD v. CHAN MEI LING

Citation

HOLIDAY RESORTS (MANAGEMENT) CO LTD v. CHAN MEI LING
Court

District Court
Case number

DCCJ20088/2001

The payments into court did not fully discharge the defendants' liabilities; the defendants declined to pay the amounts claimed and therefore the plaintiffs were entitled to litigate to recover what was owing; accordingly costs follow the event and the defendants must pay the plaintiffs' costs of these actions, including costs reserved by Judge Lok with certificate for counsel.
2 Oct 2003

HOLIDAY RESORTS (MANAGEMENT) CO LTD v. CHAN MEI LING

Citation

HOLIDAY RESORTS (MANAGEMENT) CO LTD v. CHAN MEI LING
Court

District Court
Case number

DCCJ20102/2001

Payments into court were insufficient to discharge the defendants' liabilities and the defendants nonetheless contested liability at trial; plaintiffs therefore were obliged to bring proceedings and succeeded, so costs must follow the event including costs reserved by Judge Lok with certificate for counsel.
2 Oct 2003

HOLIDAY RESORTS (MANAGEMENT) CO LTD v. CHAN MEI LING

Citation

HOLIDAY RESORTS (MANAGEMENT) CO LTD v. CHAN MEI LING
Court

District Court
Case number

DCCJ20085/2001

The payments into court were insufficient to cover the defendants' liabilities; the defendants declined to pay the sums claimed and contested liability at trial, the plaintiffs ultimately succeeded on the substantive claims (including the indemnity), and therefore costs follow the event — the defendants must pay the plaintiffs' costs, including costs reserved by Judge Lok, with certificates for counsel.
2 Oct 2003

HOLIDAY RESORTS (MANAGEMENT) CO LTD v. CHAN MEI LING

Citation

HOLIDAY RESORTS (MANAGEMENT) CO LTD v. CHAN MEI LING
Court

District Court
Case number

DCCJ20100/2001

Payments into court failed to cover the defendants' liabilities in the actions and the defendants nevertheless contested liability at trial; therefore plaintiffs succeeded and costs must follow the event, including costs reserved by Judge Lok with certificate for counsel.
2 Oct 2003

HOLIDAY RESORTS (MANAGEMENT) CO LTD v. CHAN MEI LING

Citation

HOLIDAY RESORTS (MANAGEMENT) CO LTD v. CHAN MEI LING
Court

District Court
Case number

DCCJ20079/2001

Payments into court did not fully cover the defendants' liabilities, the defendants contested liability at trial and lost, and the plaintiffs succeeded overall including on reserved matters; therefore costs follow the event and the defendants must pay the plaintiffs' costs, including reserved costs with certificate for counsel.
5 Jan 2000

Re Statutory Demand served by Bangkok Bank Public Co. Ltd.

Citation

Re Statutory Demand served by Bangkok Bank Public Co. Ltd.
Court

Court of First Instance
Case number

HCSD39/1999

The application to set aside the statutory demand is dismissed because absence of domicile, residence or carrying on business in Hong Kong is not a ground to set aside a statutory demand where jurisdiction can be founded on the debtor's presence in Hong Kong on the day the petition is presented under s4(1)(b); Rule 44 was not contravened because the interest was calculated according to served Order 14 judgments; and disputes on liability should have been raised in the Order 14 proceedings.
26 Jun 1998

MUI PO CHU v. MOI OAK WAH

Citation

MUI PO CHU v. MOI OAK WAH
Court

Court of Appeal
Case number

CACV85/1998

The separate writ claiming HK$537,048.48 is misconceived and the action A11507 of 1997 is an abuse of process; the Court of Appeal dismissed the appeals, struck out A11507 of 1997 save for preserving orders for payment of the defendant's costs, and held that disputed matters must be resolved in the administration proceedings by application for directions in the Court of First Instance; concerns about the appellant's conduct and mental capacity were noted but any inquiry under the Mental Health Ordinance must be brought by the defendant or Secretary.