Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Summary judgment (o.14 rhc)

  • 19 May 2023

    CHU FUNG CHEE v. APPLE DAILY LTD AND OTHERS

    Citation
    [2023] HKCFI 1318
    Court
    Court of First Instance
    Case number
    HCA888/2021

    Extension of time was granted under Order 3 r 5 RHC because defendants showed compelling reasons (law enforcement disruption, management vacuum and appointment of Provisional Liquidators) and an arguable defence that the words 'former Barrister' are not defamatory; the plaintiff's amendment to convert the default judgment summons into a summary judgment was dismissed because Order 14 summary procedure is unavailable for libel claims and the supporting affidavit did not contain the mandatory statement of belief that there is no defence; consequentially the default judgment summons was dismisse…

  • 24 Dec 2018

    TSO YUK YIN v. WAN WAI HUNG

    Citation
    [2018] HKCFI 2798
    Court
    Court of First Instance
    Case number
    HCA1578/2016

    Summary judgment was refused because the plaintiff failed to establish that the defendant had no real defence: credible triable issues existed as to who funded the purchase (identity/role of 'Henry'/Wong versus plaintiff), the provenance of the bulk cashier order, the applicability of limitation to the restitution claim for HK$120,000, and whether there was total failure of consideration; those issues require full trial and document disclosure