Hong Kong Case Law: Decisions & Judgments

Topic

Satellite litigation

Legal area

Court

7 Apr 2021

李智慧對昆士蘭保險（香港）有限公司

Citation

[2021] HKDC 401
Court

District Court
Case number

DCCJ446/2017

The application for extension of time to apply for leave to appeal was refused because the applicant provided no explanation for the delay, failed to file a draft notice of appeal or put forward grounds showing a real prospect of success, and the proposed out‑of‑time appeal would cause satellite litigation and prejudice the respondent; accordingly the out‑of‑time leave application is dismissed and costs are awarded to the respondent.
5 Feb 2018

魏岳鵬及另一人對李善鈺

Citation

[2018] HKCA 52
Court

Court of Appeal
Case number

CAMP46/2017

Extension of time was refused because the applicant failed to give a reasonable explanation for the delay and the proposed appeals had no real prospects of success; attendance at the hearing and the availability of rule-based remedies meant late receipt of written reasons and registry practice did not excuse delay; case management decisions under review lacked arguable error and appeals against taxation/costs were appropriately limited; consequently the summonses were dismissed and no costs order against the respondent was made.
5 Feb 2018

魏岳鵬及另一人對李善鈺

Citation

[2018] HKCA 52
Court

Court of Appeal
Case number

CAMP43/2017

Applicant failed to provide a reasonable explanation for the delays and the proposed appeals had no real prospect of success; therefore the Court refused to extend time or grant leave and revoked the late subpoenas, with no costs awarded to either side and a prohibition on seeking reconsideration by oral hearing under the cited rule.
25 Mar 2015

圖創開發(亞洲)有限公司對魏星及另二人

Citation

圖創開發(亞洲)有限公司對魏星及另二人
Court

Court of First Instance
Case number

HCMP2946/2014

The judge's case‑management decision to allow committal proceedings to proceed before the main trial was within her discretion and not shown to be clearly wrong; overlapping issues and the risk of satellite litigation do not automatically mandate deferral; first respondent lacked a proper basis to appeal a decision not directed at him; there was no inordinate delay by the applicant; accordingly leave to appeal was refused and respondents were ordered to pay applicant's costs on the usual assessment basis; the application to vary the interim costs order to require immediate payment was refused…
9 Apr 2010

HSBC PRIVATE TRUSTEE (HONG KONG) LTD v. HO YUEN PING DOROTHY

Citation

HSBC PRIVATE TRUSTEE (HONG KONG) LTD v. HO YUEN PING DOROTHY
Court

Court of First Instance
Case number

HCMP517/2010

Leave to appeal refused because the amendment properly pleaded that the withdrawn amounts belonged to the deceased and the company was alleged to be a depositary of the deceased's funds, so the defendant's objection that the company was the proper plaintiff failed; the application was totally without merit and an attempt to prolong satellite litigation.
9 Nov 2009

AGGRESSIVE CONSTRUCTION CO LTD v. DATA-FORM ENGINEERING LTD

Citation

AGGRESSIVE CONSTRUCTION CO LTD v. DATA-FORM ENGINEERING LTD
Court

Court of First Instance
Case number

HCMP2151/2009

The judge correctly granted a stay in favour of arbitration because the defendant's contentions of repudiation, abandonment or waiver were without merit; a five months delay did not constitute repudiatory conduct and there was no reasonable prospect of success on appeal.
1 Sept 2009

FONG YIN CHEUNG v. HO KWAN CHU AND OTHERS

Citation

FONG YIN CHEUNG v. HO KWAN CHU AND OTHERS
Court

Court of First Instance
Case number

HCA436/2005

The appeal being wholly unsuccessful, the plaintiff must bear the costs of the appeal subject to the court\'s discretion because the defendants were partly at fault for unsatisfactory particulars; exercising that discretion the court awarded two-thirds of the assessed costs of $60,000 (i.e. $40,000) to the defendants and left the Master\'s earlier costs order undisturbed.
10 Mar 2009

THE INCORPORATED OWNERS OF JET FOIL MANSION v. YING KONG CO LTD

Citation

THE INCORPORATED OWNERS OF JET FOIL MANSION v. YING KONG CO LTD
Court

Lands Tribunal
Case number

LDBM371/2007

The amended summons was dismissed. Even assuming non-compliance with section 20A(2), on the proper application of ss20A(5) and (6) the appointment of the IO's solicitors could at most be voidable and not void; therefore Ying Kong's grounds for striking out or staying the proceedings were bound to fail. Ying Kong failed on all parts of its amended summons and must pay the IO's costs; the costs order nisi is made absolute, to be taxed on the District Court scale with a certificate for counsel, and costs are to be in any event rather than payable forthwith.
10 Mar 2009

THE INCORPORATED OWNERS OF JET FOIL MANSION v. YING KONG CO LTD

Citation

THE INCORPORATED OWNERS OF JET FOIL MANSION v. YING KONG CO LTD
Court

Lands Tribunal
Case number

LDBM372/2007

The Tribunal dismissed the respondent's amended summons and refused to vary the costs order: despite observing that the respondent had a basis for suspicion of possible non-compliance with s20A(2), the Tribunal made no factual finding of non-compliance and, even on the assumed non-compliance, concluded the solicitors' appointment could at most be voidable rather than void; the summons was satellite litigation and costs are awarded to the Applicant to be taxed on the District Court scale with a certificate for counsel, with the costs order nisi made absolute and costs not to be payable forthwi…
10 Mar 2009

THE INCORPORATED OWNERS OF JET FOIL MANSION v. YING KONG CO LTD

Citation

THE INCORPORATED OWNERS OF JET FOIL MANSION v. YING KONG CO LTD
Court

Lands Tribunal
Case number

LDBM373/2007

The amended summons was dismissed because even assuming s20A(2) applied and was not complied with, the appointment of the applicant's solicitors could not be void but at most voidable under ss20A(5)-(7), the respondent failed on all grounds of its amended summons and therefore the applicant was entitled to costs on the District Court scale to be taxed if not agreed with certificate for counsel; the costs order nisi is made absolute and costs are to be in any event rather than payable forthwith.