Hong Kong Case Law: Decisions & Judgments

Topic

Statement of claim

Legal area

Court

1 Aug 2017

BECKTON INTERNATIONAL LTD AND ANOTHER v. OOI LEAN CHOO (also known as ALSIE LAU)

Citation

BECKTON INTERNATIONAL LTD AND ANOTHER v. OOI LEAN CHOO (also known as ALSIE LAU)
Court

Court of First Instance
Case number

HCA1945/2014

Because the Consolidated Statement of Claim had been dispensed with and the Defences presented were prepared in response to that now-invalid consolidated pleading, those Defences are ineffective; the defendants had not filed Defences to the original Statements of Claim and therefore must apply to file defences out of time if they wish to defend; consequently the applications to amend defences could not properly proceed and case management directions were required to correct the procedural course.
17 May 2016

羅蕙芳對食物及衛生局局長

Citation

羅蕙芳對食物及衛生局局長
Court

Court of First Instance
Case number

HCMP362/2016

The applications were dismissed because the applicant's 55‑day delay was substantial, her explanation (procedural misunderstanding) was inadequate, and crucially the proposed appeal had no reasonable prospect of success since the statement of claim failed to disclose any legally cognisable cause of action; additionally the registrar/clerks' correspondence did not amount to an appealable decision and one of the appeals was improperly before the Court of Appeal.
11 Mar 2016

PATRIARCH PARTNERS MEDIA HOLDINGS LLC v. WONG SIU WA, SAMMY AND ANOTHER

Citation

PATRIARCH PARTNERS MEDIA HOLDINGS LLC v. WONG SIU WA, SAMMY AND ANOTHER
Court

Court of First Instance
Case number

HCA865/2013

Court ordered that the costs of and occasioned by the re-amendment of the statement of claim be paid by the defendants while, on balance and exercising judicial discretion, the contested costs of the defendants' affirmation in opposition, the plaintiff's reply and the hearing on 20 November 2015 should lie where they fall (no order as to those costs). The court declined to infer the plaintiff had no arguable basis for the withdrawn conspiracy claim.
22 Sept 2015

SO YUE BUN v. GLORY SKY GLOBAL MARKETS LTD AND ANOTHER

Citation

SO YUE BUN v. GLORY SKY GLOBAL MARKETS LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA1042/2015

The Statement of Claim was struck out because it was rambling, disordered, incoherent, inadequately pleaded as to serious allegations, and amounted to an abuse of the court's process; the plaintiff's request to particularise did not cure the fundamental defects and therefore the action and Statement of Claim were dismissed.
28 Jun 1983

KALA SAKHRANI MOHAN v. ONTRADE INTERNATIONAL LTD AND ANOTHER

Citation

KALA SAKHRANI MOHAN v. ONTRADE INTERNATIONAL LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV19/1983

The Court held that suing the 1st defendant as principal debtor introduced a new and inconsistent cause of action not covered by Order 18 r.15(2) and that the judge did not err in refusing to grant leave to amend the writ under Order 20 r.5(2); the refusal was within the judge's discretionary range and not shown to be unreasonable, so the strike out was proper.

Hong Kong Case Law

BECKTON INTERNATIONAL LTD AND ANOTHER v. OOI LEAN CHOO (also known as ALSIE LAU)

羅蕙芳 對 食物及衛生局局長

PATRIARCH PARTNERS MEDIA HOLDINGS LLC v. WONG SIU WA, SAMMY AND ANOTHER

SO YUE BUN v. GLORY SKY GLOBAL MARKETS LTD AND ANOTHER

KALA SAKHRANI MOHAN v. ONTRADE INTERNATIONAL LTD AND ANOTHER

羅蕙芳對食物及衛生局局長