Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Order 58 rdc

Legal area

Court

27 Jun 2014

POWERFUL BEST LTD v. LAM YUK KUI AND ANOTHER

Citation

POWERFUL BEST LTD v. LAM YUK KUI AND ANOTHER
Court

District Court
Case number

DCCJ4678/2013

The defendants failed to satisfy the Ladd v Marshall criteria to admit further evidence on appeal and their affidavit evidence was not capable of belief or inconsistent with contemporaneous documents (IO minutes, invoice, receipt) demonstrating IO/CLP access; they failed to show a fair or reasonable probability of a bona fide defence of adverse possession; therefore the Registrar's summary judgment is upheld and leave to defend refused.
21 Dec 2006

SECRETARY FOR JUSTICE v. LEUNG KA SHING

Citation

SECRETARY FOR JUSTICE v. LEUNG KA SHING
Court

District Court
Case number

DCCJ3092/2006

The Master's 13 December 2006 order is set aside but, because the Statement of Claim does not adequately plead the date or service of termination of the defendant's licence/active service (a material fact necessary to establish trespass), the court grants a limited 14‑day stay of execution in respect of the Writ of Possession & Fieri Facias combined to allow the defendant to apply to set aside the default judgment; the stay is granted solely for this pleading defect and not for any indulgence to the defendant.