Hong Kong Case Law

覃錫鴻 對 一田有限公司

Court

Court of Appeal

Case number

CACV569/2024

The application to admit further evidence was refused because the applicant failed the first Ladd v Marshall requirement: the documents were in existence before the strike-out hearing and the applicant did not show she had exercised reasonable diligence to obtain or explain non-production at that hearing; therefore the summons for further evidence was dismissed and costs awarded to respondent.

Source excerpt

• Admission of further evidence on appeal
• Ladd v marshall criteria
• Jurisdiction (labour tribunal)
• Striking out
• Costs assessment

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RE ASIQUE HOSSAIN

Court

Court of Appeal

Case number

CACV1221/2025

The Court of Appeal dismissed an appeal against strike-out of a Form 86 judicial review leave application, holding the alleged 14 October 2020 decision was not produced.

• Judicial review
• Leave to apply for judicial review
• Striking out
• Non-refoulement
• Torture claim
• Procedural compliance

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KOO MING KOWN v. THE BAPTIST CONVENTION OF HONG KONG AND OTHERS

Court

Court of First Instance

Case number

HCA694/2024

The court held that the prior order fell within Order 59 rule 21(1)(a), so an appeal lies as of right and no leave to appeal is required.

• Order 59 rule 21(1)(a)
• Interlocutory appeal
• Joinder application
• Striking out
• Leave to appeal
• Interlocutory-appeal

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SOJOBI, AKPEVWE JOYCE v. MS WONG WING SZE (THE PRINCIPAL, YAUMATI KAIFONG ASSOCIATION SCHOOL) AND OTHERS

Court

District Court

Case number

DCCJ5329/2025

The District Court dismissed a mother's appeal and upheld costs after a master refused a summons seeking to transfer her son to another school.

• Disability discrimination
• Injunctive relief/mandatory injunction
• Costs
• Striking out
• Legal aid stay
• Standing/next friend

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QIU WEI PING (also known as QIU WEIPING and also known as YAU WAI PING) v. YIP LAI FONG AND OTHERS

Court

Court of First Instance

Case number

HCA2256/2006

The court held that a Mainland judgment finally determined the validity of a share transfer, struck out the contrary defence, and dismissed Yau’s beneficial ownership claim as an abuse.

• Res judicata
• Issue estoppel
• Henderson v henderson abuse
• Striking out
• Beneficial ownership
• Share transfer

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KU KIN PONG v. YAT CHUN EXPAND LTD AND ANOTHER

Court

Court of First Instance

Case number

HCCW41/2024

Interlocutory winding-up ruling allowing a limited petition amendment, striking out several unpleaded or irrelevant passages, and setting consequential directions and costs.

• Winding up
• Quasi-partnership
• Breach of fiduciary duty
• Secret profit / fraud allegation
• Striking out
• Amendment of pleadings

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STANDARD CHARTERED BANK (HONG KONG) LTD v. LEWIS PETER JOHN

Court

Court of Appeal

Case number

CAMP93/2025

The Court of Appeal refused leave to appeal out of time, holding the proposed appeal had no reasonable prospect of success and the counterclaim was properly struck out.

• Summary judgment
• Leave to appeal out of time
• Striking out
• Disclosure/specific discovery
• Costs
• Summary-judgment

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WAI KING FIRE ENGINEERING COMPANY v. THE INCORPORATED OWNERS OF PORTION A OF NING YEUNG TERRACE AND ANOTHER

Court

District Court

Case number

DCCJ4414/2021

The District Court dismissed a strike-out application, holding that the sole proprietor had authorized the action brought in the business name before commencement.

• Capacity to sue
• Authority to sue
• Striking out
• Amendment of writ
• Cross-examination
• Pre-trial procedure

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ANGELA CHEN v. WAI WAI CHEN

Court

Court of First Instance

Case number

HCAP10/2020

The court partly granted a striking-out summons over psychiatric expert reports in a probate dispute, expunging passages on delusion and Father’s capacity while leaving other medical material in place.

• Testamentary capacity
• Undue influence
• Expert report scope
• Case management
• Delusions
• Striking out

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LEUNG SHUI FUN v. SECRETARY FOR JUSTICE

Court

Court of First Instance

Case number

HCA551/2021

The Court of First Instance held the Government’s right to recover the lands arose only on surrender or re-entry, so the claim was not time-barred.

• Adverse possession
• Crown/reversionary title vs radical title
• Surrender and re-entry
• Limitation ordinance sections 7,9,11,17
• Summary judgment
• Striking out

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