Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Substitution of applicant

Legal area

Court

11 Apr 2025

TSE SAI KIT AND ANOTHER v. THE DIRECTOR OF ENVIRONMENTAL PROTECTION

Citation

[2025] HKCFI 1447
Court

Court of First Instance
Case number

HCAL1256/2024

Substitution refused because the proposed substitute (Ms Chan) failed to demonstrate the requisite sufficiency and specificity of identity of interest with the original Applicant and did not provide an adequate explanation for the delay; refusal of legal aid and the alleged harassment were insufficient to justify permitting a late substitution that would undermine the strict time limits and finality of public law challenges.
11 Jan 2002

RE UNITED HONG KONG LTD.

Citation

RE UNITED HONG KONG LTD.
Court

Court of First Instance
Case number

HCCW13/2001

Under s.209 of the Companies Ordinance the court exercised its discretion to stay all further winding‑up proceedings because related‑party creditors had waived or agreed time to pay substantial debts thereby converting an apparent deficiency into net assets, external creditors were not prejudiced (petitioner accepted a personal guarantee and others allowed time), and the circumstances of a family company holding let property meant liquidation would be unduly disruptive; substitution of the applicant under O.15 r.6 was permitted.