Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Order 28 rhc

Legal area

Court

1 Aug 2019

DAH SING BANK, LTD v. RICH STAR INVESTMENT DEVELOPMENT LTD AND OTHERS

Citation

[2019] HKCFI 1825
Court

Court of First Instance
Case number

HCMP1893/2016

Where parties have filed affidavits, the master or court must assess whether triable issues are apparent from those affidavits; if the plaintiff maintains that defendants have no valid defence even assuming defendants' factual allegations true, the originating summons may proceed to substantive argument and the defendants' r8 application should be heard with it; otherwise the court will give directions under O28 r4 or r8 for further conduct, and parties must state positions in writing within 14 days.
9 Sept 2013

LI FUNG KAI v. FUNG SAU LIN

Citation

LI FUNG KAI v. FUNG SAU LIN
Court

Court of First Instance
Case number

HCMP919/2013

There was insufficient evidence of genuine and substantial disputes of fact to justify continuing the originating summons as if begun by writ; the available affirmations revealed largely common factual foundations and the contested questions related chiefly to construction of the Chinese Document and legal issues susceptible to originating summons procedure, so the summons to convert to writ was dismissed and the plaintiff was given a final unless extension to file an affirmation in reply.