Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Res judicata/abuse of process (henderson v henderson)

Legal area

Court

27 Sept 2019

CHENG HUI CHIN v. FUPO INVESTMENTS LTD

Citation

[2019] HKCFI 2394
Court

Court of First Instance
Case number

HCA2487/2014

Court found no reliable evidence that the father made clear irrevocable representations conferring a life interest or licence to occupy; proprietary estoppel and licence claims therefore failed; the informal family tenancies (the two corporate tenancy agreements) were not continued as legally enforceable tenancies after expiry and Hope 88 lacked locus to sue; Fupo and Fook Hong were entitled to possession of Flat 6D and Car Port 3 and mesne profit from dates specified; other procedural and factual uncertainties in Actions 4 and 5 required draft orders to be submitted.
22 Jul 2014

RE CHAN CHI LOI

Citation

RE CHAN CHI LOI
Court

Court of First Instance
Case number

HCB8632/2006

The application was dismissed because it was a second annulment application raising grounds known to the debtor earlier and thus amounted to abuse of process/res judicata; alternatively, even accepting the new evidence the bankruptcy order would have been made by reference to s6A(1)(a) and the prior appellate authority had rejected the debtor's arguments, so annulment was not warranted.