Hong Kong Case Law: Decisions & Judgments

Topic

Particulars and pleadings

Legal area

Court

1 Dec 2017

SZETO YUK LIN v. KANTON LTD AND OTHERS

Citation

SZETO YUK LIN v. KANTON LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP251/2016

The application for leave to appeal was dismissed because the proposed grounds lacked a reasonable prospect of success; the judge correctly treated the matter as a case management decision within the trial court's discretion, properly took into account substantial factual disputes and the lack of clarity and particulars in the Originating Summons, and validly ordered conversion to writ to enable proper pleadings and evidence rather than determine fact-sensitive issues on the originating summons.
24 Jan 2014

KAN WAI CHUNG AND OTHERS v. HAU WUN FAI AND OTHERS

Citation

KAN WAI CHUNG AND OTHERS v. HAU WUN FAI AND OTHERS
Court

Court of First Instance
Case number

HCA811/2010

The Master applied Order 18 r 12 requiring necessity for fair disposal and concluded most requested particulars either sought evidence or were irrelevant to the two critical issues (beneficial interest and alleged torts). Accordingly the application was partially granted: defendants must provide particulars as to execution date/place/legal representation for the 2005 SPAs (Request 4(a)-(c)) and particulars of attestation (Request 5); other requests refused as unnecessary or seeking evidence.
29 Oct 2012

YUEN HIU TUNG (A Minor) by her grandmother And Next Friend YIP HEI SIU v. HOSPITAL AUTHORITY

Citation

YUEN HIU TUNG (A Minor) by her grandmother And Next Friend YIP HEI SIU v. HOSPITAL AUTHORITY
Court

Court of First Instance
Case number

HCPI228/2010

Leave granted because the plaintiff's later Answers expanded the pleaded allegations, Dr Ip's evidence directly responds to those new matters, the delay was slight, no prejudice or disruption to trial was shown and available trial time permitted his attendance; weight of his evidence to be assessed at trial.
10 Oct 2006

LEE KAR SHUEN AND OTHERS v. Hhome Café LTD

Citation

LEE KAR SHUEN AND OTHERS v. Hhome Café LTD
Court

District Court
Case number

DCCJ3190/2006

The defendant failed to establish any triable issue: the documentary evidence and plaintiffs' affirmations showed valid written agreements (typos and minor inconsistencies did not invalidate them), the Variation Agreement was binding (consideration existed), the option was validly exercised and the defendant failed to pay; accordingly summary judgment was entered for the plaintiffs with interest and costs nisi.
28 Sept 2004

KENWORTH ENGINEERING LTD v. NISHIMATSU CONSTRUCTION CO LTD

Citation

KENWORTH ENGINEERING LTD v. NISHIMATSU CONSTRUCTION CO LTD
Court

Court of First Instance
Case number

HCCT25/2004

The appeal was allowed because the 7th Interim Award was obviously wrong to disallow Kenworth's case on AMSOC 26A, 28 and parts of 43 without apparent consideration of the amended particulars in Schedule 2 and Schedule 3A; the proper remedy is to remit those issues to the Arbitrator for reconsideration rather than for the court to assess adequacy or apply the sanction itself, thereby respecting the parties' agreement to arbitrate.
10 Jul 1997

LIM SIEW PENG v. GLAXO WELLCOME HONG KONG LTD

Citation

LIM SIEW PENG v. GLAXO WELLCOME HONG KONG LTD
Court

Court of First Instance
Case number

HCA12981/1996

Where a plaintiff has shown a prima facie wrong and cannot properly plead the case without inspecting a specific document, the court should exercise its discretion under Order 24 r7 to order disclosure of that document to enable the plaintiff to plead and pursue the substantive rights; the defendant's appeal against such a discovery order is dismissed.
10 Jul 1996

THE KANG OH v. WONG YIK FAI and Another

Citation

THE KANG OH v. WONG YIK FAI and Another
Court

Court of First Instance
Case number

HCPI791/1995

The plaintiff must first prove that the admitted conviction is relevant to the negligence alleged; until relevance is proved the legal burden of establishing negligence does not shift to the defendants; a bare denial of relevance does not oblige the defendants to provide particulars and the court will not order further and better particulars on that basis.

Hong Kong Case Law

SZETO YUK LIN v. KANTON LTD AND OTHERS

KAN WAI CHUNG AND OTHERS v. HAU WUN FAI AND OTHERS

YUEN HIU TUNG (A Minor) by her grandmother And Next Friend YIP HEI SIU v. HOSPITAL AUTHORITY

LEE KAR SHUEN AND OTHERS v. Hhome Café LTD

KENWORTH ENGINEERING LTD v. NISHIMATSU CONSTRUCTION CO LTD

LIM SIEW PENG v. GLAXO WELLCOME HONG KONG LTD

THE KANG OH v. WONG YIK FAI and Another