Hong Kong Case Law: Decisions & Judgments

Topic

Service and representation

Legal area

Court

5 Nov 2024

CRAFT BAMBOO HOLDINGS LTD v. RICHARD PAUL COLEMAN AND ANOTHER

Citation

[2024] HKCFI 3138
Court

Court of First Instance
Case number

HCA2665/2017

Because the proceedings were commenced before the UK bankruptcy and the defendants had provided security for costs, the plaintiff is a secured creditor to the extent of the security monies and entitled to payment out of those sums with accrued interest; costs of the application are awarded to the plaintiff on an indemnity basis and summarily assessed at HK$70,000.
13 Sept 2023

RAI JAGINDRA AND OTHERS v. THE PERSONAL REPRESENTATIVE OF THE ESTATE OF CHOW SUN, DECEASED

Citation

[2023] HKDC 1220
Court

District Court
Case number

DCCJ1369/2022

On the pleaded facts plaintiffs had factual possession and animus possidendi from May/June 2005; their possession therefore exceeded 12 years and, pursuant to section 17 Limitation Ordinance (Cap 347), the defendant's rights were extinguished and plaintiffs acquired an indefeasible possessory title as joint tenants; the court may grant declarations in default where pleadings suffice.
10 May 2023

KWOK WING FAT v. THE PERSONAL REPRESENTATAIVE OF THE ESTATE OF KWOK CHUN KAN, DECEASED

Citation

[2023] HKCFI 1242
Court

Court of First Instance
Case number

HCA2243/2018

On the pleaded facts alone the Plaintiff demonstrated exclusive, continuous possession and animus possidendi for a continuous period in excess of 12 years from 18 May 2005; therefore the Defendant's paper title was extinguished vis-à-vis the Plaintiff by operation of s17 of the Limitation Ordinance and declaratory relief to that effect was appropriate and granted on the default judgment application.
13 Mar 2023

LEUNG CHUN YING v. CHUNG KIM WAH AND ANOTHER

Citation

[2023] HKCFI 1617
Court

Court of First Instance
Case number

HCA1993/2018

The action was permanently stayed because the 2nd Defendant had ceased operations, lacked representation and directors, the impugned articles had been withdrawn, and continuation would impose unnecessary costs and serve no practical purpose; therefore a permanent stay without recourse was appropriate.
28 Jan 2005

NANTONG ANGANG GARMENTS CO LTD v. HELLMANN INTERNATIONAL FORWARDERS LTD

Citation

NANTONG ANGANG GARMENTS CO LTD v. HELLMANN INTERNATIONAL FORWARDERS LTD
Court

Court of First Instance
Case number

HCCL117/1994

The court refused to extend time because the applicants offered no satisfactory explanation for a near two-year deliberate delay, the delay was calculated and self-serving, the defendant had acted on and complied with the judgment, and public interest in finality and prejudice to the defendant required dismissal; accordingly the application to set aside the judgment was dismissed.
10 Mar 2000

STANDARD CHARTERED BANK v. GRAND UNIVERSE HOLDINGS LTD.

Citation

STANDARD CHARTERED BANK v. GRAND UNIVERSE HOLDINGS LTD.
Court

Court of First Instance
Case number

HCCL109/1999

The court entered judgment for the plaintiff because the defendant had accepted the bill, failed to pay after presentation and protest, produced no substantive defence and failed to participate in proceedings, establishing primary liability; the court awarded interest from the date of protest at 8% p.a. to judgment and costs to the plaintiff.

Hong Kong Case Law

CRAFT BAMBOO HOLDINGS LTD v. RICHARD PAUL COLEMAN AND ANOTHER

RAI JAGINDRA AND OTHERS v. THE PERSONAL REPRESENTATIVE OF THE ESTATE OF CHOW SUN, DECEASED

KWOK WING FAT v. THE PERSONAL REPRESENTATAIVE OF THE ESTATE OF KWOK CHUN KAN, DECEASED

LEUNG CHUN YING v. CHUNG KIM WAH AND ANOTHER

NANTONG ANGANG GARMENTS CO LTD v. HELLMANN INTERNATIONAL FORWARDERS LTD

STANDARD CHARTERED BANK v. GRAND UNIVERSE HOLDINGS LTD.