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Hong Kong Case Law

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Civil procedure [2025] HKCA 1088

王艷 對 陳穎懷及另一人

The Court refused out‑of‑time permission because the applicant did not offer any explanation for the two‑month delay, the asserted grounds of appeal were misconceived or had no realistic prospect of success (including fundamental misunderstandings of recusal procedure and procedural rules on pleading and expert evidence), and the procedural delay in a judgment being issued beyond three months did not amount to illegality. Consequently the extension of time was not justified and the application was dismissed with costs.

  • Leave to appeal out of time
  • Extension of time
  • Recusal of judge
  • Costs
  • Procedural compliance
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Employment law [2023] HKDC 1667

TANG YISU ĺ°Ť SUNGUARD SECURITY CO LTD

The applicant failed to establish any factual basis or credible evidence that would give rise to a reasonable apprehension of bias or unfairness by the presiding judge; the allegations were baseless and therefore the recusal application is dismissed and the judge will continue to hear the case.

  • Recusal of judge
  • Allegation of document forgery
  • Case management orders
  • Costs reservation
  • Filing irregularities
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Family law [2022] HKFC 174

WSSA v. SYH

The District Court refused leave to appeal against a case management adjournment in a high-conflict family case, holding the grounds had no reasonable prospect of success.

  • Child custody and access
  • Recusal of judge
  • Case management
  • Leave to appeal
  • Costs
  • Official solicitor representation
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Civil procedure KOMAL PATEL AND OTHERS v. CHRIS AU AND OTHERS

KOMAL PATEL AND OTHERS v. CHRIS AU AND OTHERS

The court dismissed a recusal application, holding that a fair-minded observer would not apprehend bias from the judge’s disclosed connection, prior rulings, or comments.

  • Apparent bias
  • Recusal of judge
  • Freezing injunction
  • Waiver of objection
  • Referral to prosecuting authority (perjury)
  • Apparent-bias
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Civil procedure FALCON PRIVATE BANK LTD v. BORRY BERNARD EDOUARD CHARLES LTD ANOTHER

FALCON PRIVATE BANK LTD v. BORRY BERNARD EDOUARD CHARLES LTD ANOTHER

The Court of Appeal granted leave limited to the recusal issue, adjourned the remaining leave applications, and stayed execution of specified costs orders by consent.

  • Leave to appeal
  • Recusal of judge
  • Strike out
  • Discharge of injunction
  • Disclosure orders
  • Stay of execution
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Civil procedure FALCON PRIVATE BANK LTD v. BORRY BERNARD EDOUARD CHARLES LTD ANOTHER

FALCON PRIVATE BANK LTD v. BORRY BERNARD EDOUARD CHARLES LTD ANOTHER

Court of Appeal granted leave to appeal on recusal grounds only, adjourned the remaining leave applications, and stayed costs orders pending final determination.

  • Leave to appeal
  • Recusal of judge
  • Interlocutory relief
  • Adjournment and procedural economy
  • Stay of execution of costs orders
  • Leave-to-appeal
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Civil procedure FALCON PRIVATE BANK LTD v. BORRY BERNARD EDOUARD CHARLES LTD ANOTHER

FALCON PRIVATE BANK LTD v. BORRY BERNARD EDOUARD CHARLES LTD ANOTHER

The Court of Appeal granted leave to appeal on the recusal issue, adjourned the remaining leave applications, and stayed execution of certain costs orders.

  • Leave to appeal
  • Recusal of judge
  • Interlocutory orders
  • Procedural economy
  • Stay of execution
  • Costs
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Family law

S v. L

The Court of Appeal held that Saunders J should recuse himself because his earlier remarks could be perceived as showing apparent bias.

  • Apparent bias
  • Recusal of judge
  • Fair-minded and informed observer test
  • Costs
  • Apparent-bias
  • Judicial-recusal
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Civil procedure HUANG HSIN YANG v. BANK OF CHINA (HONG KONG) LTD

HUANG HSIN YANG v. BANK OF CHINA (HONG KONG) LTD

Court of Appeal held that recusal proceedings should be heard in public unless Article 10 grounds justify exclusion, but upheld refusal of leave to publish private-hearing transcripts.

  • Open justice
  • Recusal of judge
  • Publication of court transcripts
  • Statutory demand procedure
  • Article 10 hong kong bill of rights
  • Open-justice
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Civil procedure HUANG HSIN YANG v. BANK OF CHINA (HONG KONG) LTD

HUANG HSIN YANG v. BANK OF CHINA (HONG KONG) LTD

Court of Appeal held recusal proceedings should be heard in public, but upheld refusal of leave to publish transcripts from a private hearing.

  • Open justice
  • Recusal of judge
  • Publication of court transcripts
  • Statutory demand
  • Article 10 hong kong bill of rights
  • Open-justice
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.