Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Relief from sanction (order 2 r 4)

  • 27 Apr 2021

    LAU PING v. LIM GARY RADFORD

    Citation
    [2021] HKCFI 1137
    Court
    Court of First Instance
    Case number
    HCA897/2020

    Despite the pending Stay Summons under Order 12 r 8 and related foreign proceedings, the defendant was in default for failing to file a Defence by the Unless Order deadline; however, in the exercise of the court's discretion and for proper case management the court will not enter default judgment immediately but will adjourn the Judgment Summons sine die to permit the defendant to apply formally for relief from sanction and to have that application heard together with the Stay Summons.

    • Unless order
    • Default judgment
    • Stay of proceedings (order 12 r 8)
    • Relief from sanction (order 2 r 4)
    • Extension of time (order 18 r 2(3))

  • 23 Feb 2010

    CHAN HON CHOI AND ANOTHER v. CHENG SO MEI AND OTHERS

    Citation
    CHAN HON CHOI AND ANOTHER v. CHENG SO MEI AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMP1443/2009

    The appeal is dismissed because the plaintiffs failed to comply with the unless order by the deadline, the late affirmation was inadequate and added no new evidence or authority, there were no new factors justifying a different exercise of discretion from the Master and Order 2 rule 4 requires timely application for relief from the sanction.

    • Unless order
    • Strike out for non-compliance
    • Affirmations in support of originating summons (order 28 r 1a)
    • Relief from sanction (order 2 r 4)
    • Affirmations taken abroad (order 41 r 12)