Hong Kong Case Law: Decisions & Judgments

Topic

Order 14a summons

Legal area

Court

9 Jul 2020

AFH HONG KONG STORES, LTD v. FULTON CORPORATION LTD

Citation

[2020] HKCFI 1566
Court

Court of First Instance
Case number

HCA2103/2017

The court exercised case management discretion to permit Fulton to place the Disputed Materials before the court on a de bene esse basis for the O.14A Hearing, limited to the specified purposes identified by Fulton, and granted AF leave to file evidence in reply within 28 days; this approach preserves procedural efficiency, avoids preemptive determination, allows targeted rebuttal, and confines use of the materials to defined issues while leaving admissibility for determination at the O.14A Hearing together with agreed issues.
24 Jul 2014

GOOD FORM CO LTD v. CHEUNG WAI HAN

Citation

GOOD FORM CO LTD v. CHEUNG WAI HAN
Court

District Court
Case number

DCCJ3816/2013

The judge found the additional grounds did not disclose a reasonable prospect of success because the construction of Clause 19 was correctly decided in line with Broad Money, Teng Fuh and Polyset; expert valuation evidence was irrelevant to the legal construction required in an Order 14A hearing and was rightly excluded as late and unnotified; the defendant's refusal of a sanctioned offer justified an order for indemnity costs and enhanced interest, and leave to appeal was therefore refused.
11 Dec 2007

WAN HOW WAN v. THE LUK HOI TONG CO LTD

Citation

WAN HOW WAN v. THE LUK HOI TONG CO LTD
Court

Court of First Instance
Case number

HCA1648/2007

The declaration that the deceased and his estate held the shares on trust for the plaintiff did not by itself effect transmission of legal title; the defendant must give effect to the judgment but only by compliance with the company's Articles and Companies Ordinance formalities (presentation of a proper instrument of transfer and related requirements); until the plaintiff is registered she lacks locus to claim an account of dividends, and accordingly the action as pleaded must be dismissed for want of the required formalities.
14 Oct 2005

HONG KONG KAM LAN KOON LTD v. REALRAY INVESTMENT LTD

Citation

HONG KONG KAM LAN KOON LTD v. REALRAY INVESTMENT LTD
Court

Court of First Instance
Case number

HCA15824/1999

Judge exercised discretion not to deprive the 2nd Defendant of costs for the adverse possession issue because the plea was not unreasonable given uncertain law, most costs on the legal point arose from the Order 14A summons, the 2nd Defendant had legitimate interest in the factual evidence and did not significantly lengthen the trial; accordingly general rule that costs follow event maintained except as to the two summonses.

Hong Kong Case Law

AFH HONG KONG STORES, LTD v. FULTON CORPORATION LTD

GOOD FORM CO LTD v. CHEUNG WAI HAN

WAN HOW WAN v. THE LUK HOI TONG CO LTD

HONG KONG KAM LAN KOON LTD v. REALRAY INVESTMENT LTD