7 Sept 2015
FONG MENG SUNG, JOHN v. LUK MAN LOK ROCKY AND OTHERS
- Citation
- FONG MENG SUNG, JOHN v. LUK MAN LOK ROCKY AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP1959/2009
Order 21, rules 2(1) and (3) do not apply to originating summons proceedings merely because they are ordered to continue as if begun by writ; originating summons have their own discontinuance regime (rules 2(3A)/(3B)) and conversion must not give the plaintiff a second opportunity to discontinue without leave. Consequently the Discontinuance Notice served on 29 July 2013 was invalid; the proper course was for the plaintiff to apply for leave to discontinue, which the Court granted prospectively.