Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Order 36 rule 1

Legal area

Court

17 Sept 2015

惠陽市新墟合興製衣廠 v. ELBEX VIDEO (HONG KONG) LTD

Citation

惠陽市新墟合興製衣廠 v. ELBEX VIDEO (HONG KONG) LTD
Court

Court of First Instance
Case number

HCA1950/2012

Leave to appeal was refused because the defendant failed to demonstrate a reasonable prospect of success and offered only a bare assertion on the interest of justice; the court was not satisfied there was any alternative jurisdictional basis for the trial other than O 36, r 1.
24 Nov 2010

CHIU YU FONG v. LAU KWONG WING

Citation

CHIU YU FONG v. LAU KWONG WING
Court

Court of First Instance
Case number

HCA6099/1999

The master lacked jurisdiction to conduct what amounted to a trial and to determine the parties' substantive rights without the parties' consent under Order 36, rule 1; the matter was a trial on affirmations with cross-examination, not a mere interlocutory application, and the master's decision was set aside and the plaintiff's appeal allowed.