Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Rule 29 compliance
  • 1 Apr 2021

    WONG SZE LING AND ANOTHER v. YOUNG CHEUNG LEE AND OTHERS

    Citation
    [2021] HKCFI 892
    Court
    Court of First Instance
    Case number
    HCCW388/2019

    The 2nd Strike out Summons was an abuse of process because respondents sought to re-argue and relitigate the same grounds they had previously advanced and withdrawn without any material change of circumstances; the petitioners' delay in obtaining a Rule 29 registrar certificate was satisfactorily explained (COVID GAP and solicitor changes) and was not inordinate or prejudicial given the company is solvent and respondents were aware and participating; accordingly the summons was dismissed and costs awarded to petitioners on an indemnity basis.