Hong Kong Case Law: Decisions & Judgments

Topic

Rules of the high court

Legal area

Court

8 Sept 2017

HONG DAU CONSTRUCTION CO LTD v. THE INCORPORATED OWNERS OF GARDEN VISTA

Citation

HONG DAU CONSTRUCTION CO LTD v. THE INCORPORATED OWNERS OF GARDEN VISTA
Court

Court of First Instance
Case number

HCA2290/2016

Summary judgment was refused because the IO has a bona fide arguable defence of illegality supported by convictions admissible under s62 of the Evidence Ordinance and by other circumstances; absence of direct evidence against the Contractor at this interlocutory stage does not dispose of a reasonably grounded defence and the case is unsuitable for determination under O.14.
1 Sept 2015

SECRETARY FOR JUSTICE v. CHAN WING WAH

Citation

SECRETARY FOR JUSTICE v. CHAN WING WAH
Court

Court of First Instance
Case number

HCMP504/2015

The Court is bound by the Court of Appeal’s decision in Effiscient that, for the purpose of Order 52 r3(2), entering an originating summons for hearing requires issuing a Notice of Appointment to Hear Originating Summons; because no notice was issued within 14 days the leave granted on 20 March 2015 has lapsed and the court has no inherent jurisdiction to extend that statutory time limit in criminal contempt proceedings where the statutory provision is clear and mandatory.
1 Sept 2015

SECRETARY FOR JUSTICE v. MAN FOR ON

Citation

SECRETARY FOR JUSTICE v. MAN FOR ON
Court

Court of First Instance
Case number

HCMP491/2015

The Court of First Instance is bound by the Court of Appeal's decision in Effiscient that 'entered for hearing' under Order 52 r3(2) requires issuing a Notice of Appointment to Hear Originating Summons; these proceedings are criminal contempts and the court has no inherent jurisdiction to extend the 14‑day period in Order 52 r3(2); therefore the leave granted on 20 March 2015 lapsed for failure to enter the originating summons for hearing within 14 days and the Time Summons is dismissed.
20 Apr 2006

HANG SENG BANK LTD v. TSOI SIU CHING LEO

Citation

HANG SENG BANK LTD v. TSOI SIU CHING LEO
Court

Court of First Instance
Case number

HCMP2782/2005

The Registrar's order for possession was correct given the Defendant's substantial unpaid judgment debt and mortgage arrears; the proposed appeal has no real prospect of success and therefore extension of time is refused; costs awarded to the Plaintiff on an indemnity basis under the mortgage.
1 Nov 1997

SHANGHAI SHIPYARD, PUXI BRANCH v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "DRAGON SUPREME"

Citation

SHANGHAI SHIPYARD, PUXI BRANCH v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "DRAGON SUPREME"
Court

Court of First Instance
Case number

HCAJ341/1997

The application for leave to issue a warrant was refused because the mandatory statutory prerequisites under Ord.75 r.5 and r.5(4) — issuance of the writ and filing of the supporting affidavit — were not satisfied at the time of the application; issuance of a warrant is discretionary and cannot override those requirements.

Hong Kong Case Law

HONG DAU CONSTRUCTION CO LTD v. THE INCORPORATED OWNERS OF GARDEN VISTA

SECRETARY FOR JUSTICE v. CHAN WING WAH

SECRETARY FOR JUSTICE v. MAN FOR ON

HANG SENG BANK LTD v. TSOI SIU CHING LEO

SHANGHAI SHIPYARD, PUXI BRANCH v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "DRAGON SUPREME"