Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Order 18

  • 5 Sept 2011

    SUNBROAD HOLDINGS LTD v. ALL OCCUPIERS (whose names are unknown) AND OTHERS

    Citation
    SUNBROAD HOLDINGS LTD v. ALL OCCUPIERS (whose names are unknown) AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMP1852/2008

    A stay of execution was granted because (1) absence of a stay risked rendering the appeal nugatory by allowing demolition or alteration of the external wall and attached structures, and (2) the appeal was reasonably arguable; the application to vary the costs order nisi was dismissed because the Plaintiff succeeded on the principal relief and the related applications were properly treated as one for costs purposes.

  • 16 Apr 2010

    GE CAPITAL (HONG KONG) LTD v. YUNDA EXPRESS LTD AND ANOTHER

    Citation
    GE CAPITAL (HONG KONG) LTD v. YUNDA EXPRESS LTD AND ANOTHER
    Court
    District Court
    Case number
    DCCJ771/2010

    Summary judgment application dismissed because defendants had not given notice of intention to defend, a prerequisite under O.14 and O.14A; default judgment dismissed as premature because for declaratory relief the plaintiff must proceed under O.13 r.6 (after proving service) and allow defendants time to file a defence, and only thereafter, if no defence is served, apply under O.19 r.7; therefore neither application complied with the procedural requirements and both were dismissed.