Hong Kong Case Law: Decisions & Judgments

Topic

Proceedings in absence

Legal area

Court

3 May 2024

CKC v. SHTH

Citation

[2024] HKFC 95
Court

Family Court
Case number

FCMP262/2015

The court concluded the respondent had knowledge of the proceedings and repeatedly failed to attend without cogent medical evidence; in the interests of justice and to avoid indefinite delay the court set a final adjourned 'long stop' date (24 September 2024) to consider sentencing even if the respondent remains absent, conditioned on production of a detailed medical report for any further adjournment; the respondent was ordered to pay indemnity costs for the wasted hearing.
18 Jan 2024

CHAN SAU KWEI CHRISTOPHER v. KAN YAN TING EDWIN alias KAN CHI HUI

Citation

[2024] HKDC 52
Court

District Court
Case number

DCCJ4437/2007

Plaintiff, as legal owner by survivorship, retains the prima facie beneficial title; defendant failed to prove the Purported Trust Document was executed or that any trust existed (original not produced, delayed pleading, differing signatures, no testimony or corroborating witness), therefore plaintiff entitled to vacant possession and mesne profits. Damages assessed at HK$11,000 per month from 25 August 2006 to judgment (208 months) totaling HK$2,288,000; costs to plaintiff.
15 Jul 2020

朱賽金對 PIZZAEXPRESS (HONG KONG) LTD

Citation

[2020] HKDC 516
Court

District Court
Case number

DCPI2731/2018

The judge exercised discretion under Order 35(2) to continue the trial in the plaintiff's absence because the plaintiff voluntarily failed to attend after being warned that non‑attendance could lead to dismissal; the plaintiff's adjournment application lacked merit because judicial review was an inappropriate route where statutory appeal existed; accordingly the claim was dismissed and costs ordered against the plaintiff.
21 Jul 2008

WONG YUN SAN v. CHEUNG YUE YIU t/a RADIO ENGINEERING CO

Citation

WONG YUN SAN v. CHEUNG YUE YIU t/a RADIO ENGINEERING CO
Court

District Court
Case number

DCPI1909/2007

With proof of injury, medical opinion and unchallenged evidence the court awarded PSLA of HK$150,000, quantified pre- and post-assessment loss of earnings using accepted assumptions about return-to-work timing and multiplier, allowed special damages of HK$4,160, deducted periodic payment HK$13,000 and net EC Award HK$101,632, allowed correction of typographical error in defendant's trading name and ordered interest and costs as specified.

Hong Kong Case Law

CKC v. SHTH

CHAN SAU KWEI CHRISTOPHER v. KAN YAN TING EDWIN alias KAN CHI HUI

朱賽金 對 PIZZAEXPRESS (HONG KONG) LTD

WONG YUN SAN v. CHEUNG YUE YIU t/a RADIO ENGINEERING CO

朱賽金對 PIZZAEXPRESS (HONG KONG) LTD