Hong Kong Case Law: Decisions & Judgments

Topic

Service by substituted service

Legal area

Court

20 Dec 2024

RE CHENG JONATHAN

Citation

[2024] HKCFI 3669
Court

Court of First Instance
Case number

HCB1888/2024

The debtor failed to comply with the statutory demand and did not demonstrate good reasons to file an out‑of‑time Notice under r.68; the purported appeal was not prosecuted diligently and cannot impede the petition; the Money Lenders Ordinance did not on the evidence apply to the loan; the debtor failed to rebut the Petitioner's evidence of domicile/ordinary residence and having carried on business in Hong Kong; substituted service was accepted and any set aside would be futile — accordingly a bankruptcy order was properly made and the debtor's applications to file late material and to set as…
27 Apr 2023

LAU WAI KEI v. YIU SZE WAN

Citation

[2023] HKDC 637
Court

District Court
Case number

DCCJ3190/2021

On the admitted facts the plaintiff paid the purchase price, mortgage and outgoings, occupied the property exclusively and relied on the parties' common intention that he become sole beneficial owner; it would be unconscionable for the defendant to deny that interest; therefore a declaration of trust and an order for transfer at nil consideration were proper on default judgment, with power to the plaintiff's solicitor to effect transfer if defendant fails to execute within 21 days.
26 Feb 2021

CHEUNG WING FAN v. WONG WAI PING

Citation

[2021] HKCFI 516
Court

Court of First Instance
Case number

HCA1371/2020

On the statement of claim the plaintiff established long exclusive possession and intention to possess since 1991, payment of purchase and outgoings, retention of rents without account and absence of demand from the defendant; that long exclusive occupation gave rise to a presumption of ouster of the co-owner; the procedural prerequisites for a declaration were satisfied and substituted service was proper, therefore a default judgment declaring the defendant's title extinguished and granting relief in the terms of the default judgment summons was appropriate.
22 Jul 2020

NG HAK KEUNG (formerly known as NG SAM CHU) v. LEUNG YAU KING, the surviving Administratrix of the Estate of Leung Hung, Deceased

Citation

[2020] HKDC 564
Court

District Court
Case number

DCCJ2066/2016

On the pleadings the plaintiff showed continuous exclusive factual possession since October 1991 together with the requisite intention to possess; the defendant did not respond or appear; accordingly the court declared that the defendant's registered title was extinguished under section 17 Limitation Ordinance (Cap 347) and that the plaintiff acquired an indefeasible possessory title to the property.
20 Mar 2020

ESSILOR MANUFACTURING (THAILAND) CO., LTD v. WONG KAM WAI ( t/a SUN WAI LOK HK INTERNATIONAL CO) AND OTHERS

Citation

[2020] HKCFI 547
Court

Court of First Instance
Case number

HCA159/2020

The injunctions expired on the express return date of 7 February 2020 because no extension was sought before that date; GAP does not automatically prolong the life of an injunction and an ex parte injunction requires urgency or secrecy, thus the plaintiff must apply inter partes for new injunctions; costs for the opposing defendant who raised the point (D10) are payable by the plaintiff and to be summarily assessed.
20 Jul 2016

RE CHOW YUEN CHUEN

Citation

RE CHOW YUEN CHUEN
Court

Court of First Instance
Case number

HCB6004/2015

The judgment debt was treated as prima facie evidence of indebtedness; the debtor failed to rebut that evidence or demonstrate a bona fide dispute on substantial grounds (no fraud, collusion or miscarriage of justice, no successful set aside or appeal, and no adequate evidence to vitiate the LOU/CRC). Accordingly the court made a bankruptcy order against the debtor and awarded costs to the petitioner.
15 Nov 2014

LAI HOI PING AND ANOTHER v. PERSONS OCCUPYING PORTIONS OF NATHAN ROAD NEAR TO AND BETWEEN ARGYLE STREET AND DUNDAS STREET TO PREVENT OR OBSTRUCT NORMAL VEHICULAR TRAFFIC FROM PASSING AND REPASSING THE OCCUPIED AREAS AND ANOTHER

Citation

LAI HOI PING AND ANOTHER v. PERSONS OCCUPYING PORTIONS OF NATHAN ROAD NEAR TO AND BETWEEN ARGYLE STREET AND DUNDAS STREET TO PREVENT OR OBSTRUCT NORMAL VEHICULAR TRAFFIC FROM PASSING AND REPASSING THE OCCUPIED AREAS AND ANOTHER
Court

Court of First Instance
Case number

HCMP2975/2014

Leave to appeal was refused because there was no reasonable prospect of success; the judge was right to find a serious issue to be tried that the plaintiffs suffered particular, substantial and direct damage and to continue interlocutory injunctions after weighing s21L discretionary factors (serious question, adequacy of damages, balance of convenience), including that protesters had no rightful claim to occupy and obstruct the highways.
8 Mar 2011

RE MALCOLM WESTLEY CASSELLE

Citation

RE MALCOLM WESTLEY CASSELLE
Court

Court of First Instance
Case number

HCB1698/2010

The debtor failed to establish a bona fide dispute on substantial grounds or a bona fide counterclaim/set-off exceeding the petitioning debt; the statutory demand was neither complied with nor set aside within three weeks invoking the presumption under s6A; the purported payments (Money Order and HSBC transfer) did not demonstrate payment of the petitioning debt; accordingly the conditions of section 6 of the Bankruptcy Ordinance were satisfied and a bankruptcy order was properly made.
27 Jul 2010

HUSSAIN SHOUKAT v. MA CHI TAT AND OTHERS

Citation

HUSSAIN SHOUKAT v. MA CHI TAT AND OTHERS
Court

District Court
Case number

DCPI2470/2009

Substituted service was valid; on the evidence (medical reports and employment history) the Plaintiff could not return to pre-accident construction work and was entitled to awards for pre-trial loss (HK$404,000), future loss (HK$924,000) using a multiplier of 11, provident fund accruals, loss of earning capacity, special damages and PSLA of HK$420,000, producing a net award of HK$897,767.48 after deduction of an earlier award; interest and costs were awarded in specified rates and manner.
21 Nov 2006

NAN FUNG FINANCE LTD v. CHAN SUN

Citation

NAN FUNG FINANCE LTD v. CHAN SUN
Court

Court of First Instance
Case number

HCB8045/2005

The court found the debtor's alleged settlement unsupported by objective evidence, held the Notice of Discontinuance ineffective to terminate the 1995 proceedings post-judgment without leave so the judgment remained enforceable, concluded there was no bona fide dispute of substance as to the debt, and therefore granted the bankruptcy order with costs.