Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Tomlin order effects

Legal area

Court

2 Dec 2025

OCBC BANK (HONG KONG) LTD (formerly known as OCBC WING HANG BANK LTD) v. ALONG INDUSTRIAL CO., LTD AND ANOTHER

Citation

[2025] HKCFI 5978
Court

Court of First Instance
Case number

HCA696/2021

Because Alongs defence to the counterclaim was struck out for failure to file and serve a statement of truth, P was entitled to seek judgment under O.19 r.7; the court exercised its discretion to grant the declaratory relief without a trial because there was a real risk of prejudice to P if the Purported Invoices and Purported Repayment Plan were left enforceable and it was not certain Along would be dissolved, therefore an order in the terms of the draft order (as amended) was appropriate.
23 Oct 2024

FUNG CHEK FAN AND OTHERS v. FUNG YIU TUNG, Executor of Estate of FUNG HON, Deceased

Citation

[2024] HKCFI 2878
Court

Court of First Instance
Case number

HCMP600/2019

The court found on the facts and contemporaneous documents (1999 Deed of Gift, 2004 Family Agreement, Tomlin Order, 2009 Assignment, 2016 Agreement and evidence of contributions) that each Plaintiff including Grace holds a 25% beneficial interest in the Property. The clean hands doctrine did not bar relief because the alleged misconduct was not shown to have the immediate and necessary relation to the relief sought and could be 'washed' by subsequent conduct; the Defendant failed to prove the property tax claim and most of the counterclaim was dismissed. The court ordered sale under the Parti…