Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Time bar / limitation

  • 13 Aug 2021

    PERFECT BEST ASSET MANAGEMENT INC. v. ADL EXPRESS LTD AND ANOTHER

    Citation
    [2021] HKCFI 2310
    Court
    Court of First Instance
    Case number
    HCA937/2016

    1st Defendant liable for unauthorized release/misdelivery because it was the contractual combined transport operator in respect of the CB/Ls and failed to prove lawful telex release authority or effective agency for Yang Ming; Trading Conditions did not apply where CB/Ls governed; time-bar defences under the CB/L and HVR failed; however Plaintiff failed to prove actual loss because its own Payment Record and correspondence established that the buyer had paid for the containers; accordingly Plaintiff awarded nominal damages only (HK$1,000) and claim for substantive damages dismissed; action ag…

  • 6 May 2016

    SECRETARY FOR JUSTICE v. SIEW YUN LONG

    Citation
    SECRETARY FOR JUSTICE v. SIEW YUN LONG
    Court
    Court of First Instance
    Case number
    HCMP2917/2015

    No implied six month time bar applies to applications for leave to seek committal for contempt; prosecutorial discretion under Basic Law Article 63 permits the Secretary to elect committal in appropriate cases; the Secretary had good reasons to proceed by committal rather than under s23; the court has jurisdiction to grant fresh leave after lapse of earlier leave; the Secretary's applications for fresh leave were not an abuse of process; respondents' summonses to set aside the Second Leave are dismissed.